COUNCIL FOR LEGAL EDUCATION

ZIMBABWE
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PROFESSIONAL EXAMINATIONS NOVEMBER 2014

CONVEYANCING: 3 HOURS
ANSWER ALL QUESTIONS
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NOTE: When drafting documents, devise your own data unless it is supplied in the
questions.

You are allowed to bring ONLY a clean copy of “A Guide to Conveyancing in

Zimbabwe” by Lloyd M. Mhishi

QUESTION 1

(a) Mrs A and her son B own Lot 1 of Bluff Hill. Mrs A and her son C
own Lot 2 of Bluff Hill. XYZ Building Society are agreeable to grant
Mrs A and her son B a Bond over the said Lot 1 of Bluff Hill provided
they have as additional security of Lot 2 of Bluff Hill bonded to them.

Discuss the nature of the additional security required. [5]

(b) Your client A has sold his house to B who in turn has sold the same house to
C. A, B and C approach you with a request that you are to transfer the house
direct from A to C.

What advice would you give them, giving your reasons therefore? [2]

(c) A and B are spouses married to each other in community of property. A dies
leaving his undivided half share in their property to his wife B. How would
you proceed to transfer his said undivided half share to B?

Discuss fully [4]

(d) A has sold his farm to his son B subject to a life servitude of habitation in
favour of A’s wife C.

How would you create the said servitude? [2]

(e) The registered owner and purchaser of a piece of land which has been sold in
terms of a written contract wish to endorse the said Agreement of Sale against
the Title Deeds. Advise.

What is your authority for your answer? [2]

(f) John Mpanga died leaving a Will in which he left his farm in Chegutu to his
daughter and his house in Harare to his son. His said son and daughter enter

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 into a redistribution agreement in terms of which they agree that the son is to
get the farm and the daughter is to get the house in Harare.

DRAFT the following clause of the Deed of Transfer.

(a) The preamble [2]

(b) The recital clause [6]

(c) The vesting clause [2]

QUESTION 2

(a) A sells his farm to B for $638 000.00. A’s farm is presently bonded to the
XYZ Bank for $138 000.00 which will have to be cancelled before transfer
can be effected. B obtains a Mortgage Bond from the Farmers Bank in the
sum of $35 000.00.

What duties and registration fees are payable in the above transactions?

Set out your calculations in detail. [8]

(b) What stamp duty and registration fee is payable on a Surety Bond? [2]

(c) As a rule, personal rights are not registerable. What would you have to
determine in deciding whether such personal rights can be registered and what
exceptions exist for the registration of such personal rights which fall outside
the criteria for such registration? [6]

(d) Describe the transferee in the following instances:

(i) A partnership

(ii) Children born or to be born to a particular marriage. [4]

(e) What supporting documents must be lodged in an Estate transfer where the
Deceased left a Will? [5]

QUESTION 3
Roger Mhlanga is the registered holder of a Mortgage Bond passed in his favour by
Peter Jones for $150 000.00 being the balance of the selling price of his house. Peter
Jones has repaid $50 000.00 owing under the said Bond. Rodger Mhlanga cedes the
said Bond to John Bourchier Meyburgh in consideration of the amount then
outstanding under the Bond. Subsequently the said Mortgage Bond is varied in that
the rate of interest payable in terms thereof is increased from 20% to 25%.

DRAFT

(a) (i)The Consents (separately) to give effect to the above transactions. [10]

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 (ii) The Variation Agreement [10]

(b) Draft the Declaration and Application in its entirety in the case where a
Transfer Deed has been destroyed by fire and application is being
made for its replacement. [5]

QUESTION 4

(a) Mary Lamb and Billy Goat are the joint owners of an urban property in
Marondera. Mary Lamb wishes to obtain a Certificate of Registered Title of
her undivided share.

DRAFT the said Certificate for execution by the Registrar of Deeds. [10]

(b) Ironside Mabhene owns two farms which he wishes to consolidate. What
requirements are set out in the Deeds Registries Act before a Certificate of
Consolidated Title can be issued by the Registrar of Deeds? [3]

(c) Diega Giggs has obtained a permit to subdivide his property called Stand 1992
Mandara into two subdivisions. The Diagrams have been framed and
approved. The property is bonded to ABC Bank Limited. The owner has sold
the Remaining Extent thereof to the Highfield Community Centre for $50
000.00. The Bank has consented to the said transfer without requiring any
amount to be paid in reduction of their bond.

(i) List (only) ALL the documents which must be drawn to enable transfer to
be registered.
[6]
(ii) DRAFT the Power of Attorney to give transfer to the Remaining Extent.
[6]

END OF EXAM