Assignments for Chapter 11 Endorsements Total number of marks asked from this chapter Sep 2009-47 May 2009-50 Sep 2008-0 May 2008-14 Sep 2007-10 May 2007-28 Sep 2006-33 May 2006-44 Sep 2005-38 May 2005-37 Sep 2004-0 July 2004-37 Sep 2003-69 May 2003-28 Sep 2002-31 May 2002-11 Sep 2001-10 May 2001-21 Sep 2000-10 May 2000-2 Sep 1999-39 May 1999-0 An average of 25.4 marks from 22 papers Importance: 8,5% of the examination paper Various kinds of endorsements See Question 5 on page 40 of your notes. Paragraph 2 - Section 4(1)(b) endorsement To rectify an error i i i Question 1 (Part 1) May 2009 [30] Sin King-Ship is the registered owner of unit 1 in the sectional title scheme Titanic. The following errors appear in his sectional title deed ST 193/2008 registered in the Deeds Office: 1 He is incorrectly described as being married out of community of property whilst he is in fact married in community of property to Lee King- Ship; 2 His identity number is incorrectly recorded and should be 550911 5203 08 0 and not 950911 0202 08 0; 3 The sectional title scheme is incorrectly described as SS Bismarck and the description of the Township is omitted; and 4 The size of the unit is incorrectly recorded as 100 square metres and should be 95 square metres. You are the conveyancer and have been instructed by Salvage Bank to register a mortgage bond in its favour for money lent to Sin King-Ship. Prepare the documents that you will lodge simultaneously with the mortgage bond to be registered in order to rectify the above-mentioned errors in the sectional title deed. Provide your own further details. Question 1 (Part 2) May 2008 [8] 1.1 What errors can be rectified by an application in terms of section 4(1)(b) of the Deeds Registries Act 47/1937? [3] 1.2 X and Y are married out of community of property but were incorrectly described in a registered Deed of Transfer as married in community of property to each other. The property in question is residential erf in a Township. Can the error be rectified by an application in terms of section 4(1)(b) of the Deeds Registries Act 47/1937? Motivate your answer. [2] 1.3 Would it make any difference to your answer in question 1.2 if the property was Agricultural Land subject to the provisions of the Subdivision of Agricultural Land Act 70 of 1970 and the property was transferred to them by a company? Motivate your answer. [3] Question 1.3 pertains to Part 3, Chapter 3, Subdivision of Agricultural Land. Question 1 (Part 1) May 2005 [24] Note that this question also appears in Assignment 9, CRT s - (paragraph 1), because of question (a). Paul Brown Identity No. 501010 5050 087, is the registered owner of Erf 73 Highfields by virtue of Deed of Transfer No. T100/1985. The said Paul Brown and Chapter 11 - Endorsements 1
Robert Brown are the registered owners of Erf 74 Highfields by virtue of Deed of Transfer No. T600/1990 in equal shares. Paul Brown married Joan Harding in 1991 out of community of property. In their ANC (No. H200/1991) Paul Brown s identity number is incorrectly reflected as 511010 5010 087. Paul Brown borrows R100 000,00 from XYZ Bank. The Bank requires him to pass a mortgage bond over the property owned by him. (a) (b) ANSWER - Draw such preliminary application which may be required to enable the bond to be registered. [12] Draw the documents necessary to rectify the incorrect identity number. [12] 1.2 Prepared by me Conveyancer Frantzen E Application and Affidavit in terms of Section 4(1)(b) of the Deeds Registries Act, 47 of 1937 I, the undersigned, Paul Brown Identity Number 501010 5050 087 Married out of community of property Do hereby make oath and say that - 1. My correct identity number is 501010 5050 087. 2. My identity number is incorrectly set forth as 511010 5010 087 in Antenuptial Contract No. H200/1991. 3. My identity number is not incorrectly set forth in any other deed or document registered or filed in the Deeds Registry, Pietermaritzburg. 4. The error was due to a mistake in conveyancing. 5. It will not have the effect of transferring any right. I hereby apply to the Registrar of Deeds at Pietermaritzburg for the amendment of the said Antenuptial Contract No. H200/1991 to reflect my correct identity number as 501010 5050 087. P Brown Commissioner of Oaths 1 Question 5 (Part 1) July 2004 [12] A Deed of Transfer of a property was registered and the following condition was omitted, namely: Entitled to Servitude of Right of Way 3 (Three) metres wide, over Erf 100 Farrarpark, Held by Deed of Transfer no. T3000/1984. Draw the document that is required to rectify the matter. Provide all the necessary details. ANSWER - Prepared by me CONVEYANCER Le Roux GJ Application and affidavit in terms of section 4(1)(b) of the Deeds Registries Act 47 of 1937 I, the undersigned, John Smith Identity number 800123 5009 078 Unmarried Hereby make oath and declare that - 1. I am the registered owner of Erf 99, Farrarpark, Registration Division I.Q, Province of Gauteng, held by Deed of Transfer T82000/1984. 2. The said property is entitled to a servitude of Right of Way 3 (three) metres wide, over Erf 100 Farrarpark Township, which condition was in error omitted from the said Deed of Transfer T82000/1984. 3. I hereby apply to the Registrar of Deeds at Johannesburg in terms of Section 4(1)(b) of Act 47 of 1937 for the incorporation of the following condition in Deed of Transfer no. T82000/1984 namely: Entitled to a servitude of Right of Way, 3 (THREE) metres wide, over Erf 100 Farrarpark Township, Held by Deed of Signed and Sworn to at Pretoria on this 11 th day of May 2005, the Deponent having acknowledged that he knows and understands the contents of this Affidavit. 1 The following information must always be inserted underneath the Commissioner s signature, namely: his full names, appointment and physical address. Chapter 11 - Endorsements 2
Transfer no. T3000/1984. J Smith SIGNED and SWORN to before me at Boksburg on 28 July 2004 by the Depondent who acknowledged that he knows and fully understands the contents of this affidavit. COMMISSIONER OF OATHS Question 10 (Part 1) September 1999 [24] Paul Brown, Identity Number 501010 5050 08 7 unmarried, is the registered owner of Erf 73 Highfields under Deed of Transfer No T100/1985. Paul Brown and Robert Brown are the owners of Erf 74 Highfields under Deed of Transfer T600/1990. Paul owns ¾ share in Erf 74 and Robert ¼ share. Paul Brown married Joan Harding in 1991 out of community of property. In their ANC (No H200/1991) Paul Brown s identity number is incorrectly reflected as 511010 5010 08 7. Paul Brown borrows R100,000.00 from XYZ Bank. The bank required him to pass a mortgage bond over all the property owned by him. Paul Brown acquires a loan in the amount of R100,000.00 from XYZ Bank which is to be secured by a bond over Erf 73 and Paul s share in Erf 74. 10.1 [Which deed or document, other than the bond, must be registered to enable the bond to be registered? Draw the required application. Provide your own further details. [12] This question pertains to chapter 9 - SGTs] 10.2 Draw the document necessary to rectify the incorrect identity number. [12] See the EXAMPLE in the COLLECTION OF EXAMPLES Question 3 (Part 1) September 1998 [16] Erven 100 and 101 Mountain View have been consolidated and are now known as Erf 300 Mountain View. The property is not mortgaged and is still held by the certificate of consolidated title. You receive instructions to transfer a portion of Erf 300 to a purchaser. On preparing your new deed of transfer you notice that Erf 300 was made subject to a servitude for municipal purposes, 2 metres wide, along any one boundary which servitude in fact only applies to Erf 101. Draw such document as may be required to rectify the condition in the certificate of consolidated title. Supply your own details to complete the document in order to comply with the Registrar s requirements. See the EXAMPLE in the COLLECTION OF EXAMPLES Paragraph 3 - Section 16 endorsement Transfer to the State or a local authority Question 17 (Part 1) September 2009 [4] Under the deed of transfer A is the registered owner of four properties. One property has been acquired by the State from A by way of purchase for R500,000.00. The State is to bear all costs of and incidental to the transfer. You are instructed to attend to the transfer. How can you do this in the most cost-effective manner? Also asked in Question 3 (Part 2) May 1998 for 5 marks. Paragraph 4 - Section 17(4) endorsement Change in status, etc. i Question 3 (Part 1) May 2010 [40] Greg Warner and David Mtshali are civil union partners in a civil partnership concluded on the 3 rd of July 2007 in terms of the Civil Union Act No 17/2006. They have registered an antenuptial contract. They are the joint registered owners of sections 132 and 133 in the scheme known as Happy Days. The sections were registered in their names by virtue of Deed of Transfer ST 99/2003 and their marital status is given therein as unmarried. 3.1 Greg and David wish to have their changed status recorded in the Deeds Office. Prepare the application required to record their changed status in Deed of Transfer ST 99/2003. (15) 3.2 Assume that their changed status has now been recorded on Deed of Transfer ST 99/2003. Greg Warner needs to borrow money and has a friend, Paul, who is prepared to lend him the money on condition that Greg registers a mortgage bond in his favour over the share of Greg in the two sections. David is not prepared to have his share in the sections made subject to a bond. Prepare the necessary application and deed required to Chapter 11 - Endorsements 3
enable Greg to register a mortgage bond over his share in the property. You are not required to prepare the mortgage bond. (20) 3.3 Assume that the document/s referred to in 3.2 has been registered. In the interim, Greg has registered a notarial preemptive right in favour of his mother over his share in the property under SK 324/2010. You must now register the mortgage bond by Greg in favour of Paul. Prepare only the property/security clause as it will appear in the bond to be registered. Paul is not concerned about the changed circumstances. (5) Question 5 (Part 2) September 2009 [10] Your client, John Brian Clark, acquired a property in King William s Town prior to his marriage in 1993 in community of Property to Mary Elizabeth Clark. Mary qualified for a housing subsidy through her employer but this will only be granted if her name appears on the title deed to the property. Draft the application necessary to have Mary s name noted on the title deed. You may invent all necessary details. Also asked in Question 2 (Part 1) May 2003 for 10 marks. A similar question was asked in: Question 11 (Part 1) September 2006 for 14 marks. Question 5 (Part 1) September 1997 [20] Under Deed of Transfer T 8282/86 Lot 150 Umkomaas is registered in the name of Larry White, identity number 630102 6262 08 2, unmarried. The property is not mortgaged. In 1989 Larry White married his present wife, Antoinette White, in community of property. Antoinette is not happy that the property is registered only in the name of her husband. The property serves as the residence of the spouses and has, since the marriage, been improved using cash which Antoinette has brought into the marriage. See the EXAMPLE in the COLLECTION OF EXAMPLES Paragraph 5 - Section 24bis(2) endorsement Transfer from a partnership to members i i See Assignment 4, Deed of Transfer, page 13, Question 2.4 (Part 1) September 2009 for 5 marks. Question 3 (Part 2) May 2009 [5] A partnership owns immovable property. John Smith retires from the partnership and Peter Brown comes in as a new partner who forms a new partnership with the remaining partners. John Smith wishes to transfer his share of the immovable property to the new partnership. Describe briefly the procedure to be followed. Who will sign the Power of Attorney for transfer? This question was also asked in Question 14 (Part 2) September 2007 for 3 marks. Question 6 (Part 1) September 2005 [15] Please note that this question was already quoted in Assignment 4, Deed of Transfer. It is repeated here on behalf of question 6.2. Vic Ellis, married out of community of property, James Ellis, unmarried and Ralph Ellis, married in community of property to Susan Ellis, carry on business as Ellis Brothers. Erf 893 Parow, in extent 750 square metres is acquired by the partnership. 6.1 How will you describe the partnership in the vesting clause of the deed of transfer? [6] 6.2 The partners thereafter decide to terminate the partnership and the property is awarded to all the members of the partnership. Draw the application to give effect to the dissolution agreement as far as the property is concerned. [9] Larry is perfectly happy to take the necessary action to protect his wife s interests. Draw the document which the deeds office will require to give effect to the wishes of the spouses. Chapter 11 - Endorsements 4
ANSWER 6.2 Prepared by me Conveyancer Gabriël Jacobus le Roux Application in terms of section 24bis(2) of the Deeds Registries Act 47 of 1937 We, the undersigned 1. Vic Ellis Identity number: 600406 5054 085 Married out of community of property 2. James Ellis Identity number: 591213 5055 086 Unmarried 3. Ralph Ellis Identity number: 630808 5056 082 Married in community of property to Susan Ellis, do hereby make application to the registrar of deeds, Cape Town for the endorsement of deed of transfer T112/2000 in terms of Section 24bis(2) of Act 47/1937, namely Erf 893 Parow City of Cape Town, Cape Division, Western Cape Province, In extent: 750 (seven hundred and fifty) square metres made in favour of us the aforesaid Vic Ellis, James Ellis and Ralph Ellis carrying on business in partnership as Ellis and Partners to the effect that such property now vests in: 1. Vic Ellis Identity number: 600406 5054 085 Married out of community of property, 2. James Ellis, Identity number: 591213 5055 086 Unmarried 3. Ralph Ellis. Identity number: 630808 5056 08 2 Married in community of property to Susan Ellis We declare that the partnership formerly carried on as aforesaid was dissolved by mutual agreement between the former partners on 25 May 2005. Dated at Parow on 7 September 2005. As witnesses: 1. 2. Paragraph 6 - Section 25(3) endorsement Transfer to unascertained children i Question 6 (Part 2) May 2012 [8] The vesting clause in a title deed reads: Maxy Grey Identity Number 710622 0043 08 7 Married in community of property In trust for her children born or to be born of the marriage between the said Maxy Grey and Peter Gray The identity of all such children has been established. What procedure should now be followed as far as the Deeds Office is concerned and list the documents to be lodged? Question 3 (Part 1) July 2004 [15] The farm Driftwood No. 1234, District Vryheid, has been bequeathed by Hendrik de Vries to his grandchildren, the children born or to be born to his daughter Susan de Wet (married out of community of property to Daniel de Wet). At the time of Hendrik s death, Susan has no children, and the property has been transferred and vests as follows: SUSAN DE WET Identity No. 500303 0567 080 married out of community of property IN TRUST FOR CHILDREN BORN OR STILL TO BE BORN TO SUSAN DE WET Susan died on 14 September 1999, leaving two children, Albert de Wet (born 15 December 1975), and Hendrina de Wet (born 21 March 1985). The property is subject to a mortgage bond for R15 000,00 in favour of XYZ Bank. Draft the documents which you will need to submit to the [9] Chapter 11 - Endorsements 5
Registrar of Deeds in order to transfer the property to the children of Susan de Wet. What documents must be lodged? ANSWER - Prepared by me CONVEYANCER Le Roux GJ Application in terms of Section 25(3) of the Deeds Registries Act 47 of 1937 We, the undersigned 1. Albert de Wet Identity number 751215 5432 088 Unmarried 2. Daniël de Wet in my capacity as father and natural guardian of Hendrina de Wet Identity number 850321 0456 083 Unmarried Minor do hereby apply in terms of section 25(3) of the Deeds Registries Act 47 of 1937 to the Registrar of Deeds at Pietermaritzburg for the endorsement of Deed of Transfer No. T4457/1972 under which is held: The farm Driftwood No. 1234 Registration Division GS, Province of KwaZulu- Natal MEASURING 2002 (two thousand and two) Hectares Whereas they are the children of Susan de Wet and have now been ascertained due to the death of the said Susan de Wet on 14 September 1999, NOW THEREFORE we apply for an endorsement to be made on the above-mentioned title deed to the effect that the said Albert de Wet and Hendrina de Wet are entitled to deal with the aforesaid property as if they had formally received transfer thereof. Signed at Vryheid on 28 July 2004. A DE WET 3. Proof that the identity of all children has been established. A death notice and death certificate of the deceased and identity documents of the children must be lodged 4. Mortgage bond 5. The bond holder s consent is not required and the mortgage bond need not be lodged. A similar question was asked in Question 8 (Part 1) May 2002 for 11 marks. Paragraph 7 - Section 44 endorsement Rectification of a diagram i i Question 8 (Part 2) July 2004 [10] Your client, Mr Abdul Moosa, owns a farm, known as Pampoendrif No. 1298, outside Durban. According to Mr Moosa s title deed, the farm measures 125,4709 Hectares. Mr Moosa is convinced that his farm is actually much bigger and he has had the farm re-surveyed. Upon resurvey, it has been established that the farm is in fact 152,4709 Hectares in extent. Mr Moosa s property is mortgaged for R1,500,000 in favour of ABC Bank Limited. 8.1 Draft the document required to rectify Mr Moosa s title deed. 8.2 List, and briefly discuss, all the supporting documents which must be lodged. Similar applications were asked in Question 8 (Part 1) May 2005 for 10 marks; Question 13 (Part 1) September 2002 for 14 marks; and Question 11 (Part 1) September 1999 for 5 marks. ANSWER - 8.1 Prepared by me CONVEYANCER Le Roux GJ Application in terms of Section 44 of the Deeds Registries Act 47 of 1937 The following documents must be lodged 1. Application 2. Title deed D DE WET I, the undersigned Abdul Moosa Identity No. 340505 5678 080 Married out of community of property Chapter 11 - Endorsements 6
do hereby apply to the Registrar of Deeds at Pietermaritzburg for the endorsing of Deed of Transfer No. T5432/1970, in terms of section 44(1) of Act 47 of 1937, whereby the following property is held: The farm Pampoendrif, No. 1298 Registration Division ET, Province of Kwazulu- Natal to the effect that the said property has been re-surveyed, and upon re-survey, the extent of the land was found to be 152,4709 (one five two comma four seven zero nine) hectares, in terms of diagram S.G. No. 567/3002, which diagram now has to be substituted for the existing diagram of the aforesaid land in terms of the aforesaid section. Signed at Durban on 28 July 2004. A MOOSA 8.2 Documents to be lodged 1. Application 2. Title Deed 3. The new diagram 4. The mortgage bond 5. The bondholder s consent of ABC Bank Limited Paragraph 9 - Section 45bis(1)(a) endorsement Endorsement of deeds on divorce i i i See Example 11 G in the COLLECTION OF EXAMPLES Question 3 (Part 1) May 1998 [24] James and Joan Price, who were married in community of property to each other, were divorced on 1 March 1998. They are the registered owners of Erf 63 Ulundi by Deed of Transfer T66/1992. In terms of the consent paper which was made part of the court order, the whole property is to be retained by Joan Price. 3.1 Draw the document required by a registrar of deeds to give effect to the order concerning the property. [16] See the Example 11 F-1 and 11-F-2 in the COLLECTION OF EXAMPLES 3.2 Discuss the transfer duty implications. [8] (ANSWER: Since 2006 no transfer duties are payable.) Similar questions were asked in - Question 7 (Part 1) September 2006 for 7 marks Question 2 (Part 1) May 2006 for 30 marks Question 1 (Part 1) September 2003 for 40 marks Question 6 (Part 1) Mei 2001 for 20 marks Question 7 (Part 1) September 1999 for 11 Question 6 (Part 1) September 2011 [30] & Question 2 (Part 1) May 2006 [30] (also see the reference in the block above to this last question asked in 2006) Mr Bob Mvula and Mrs Betty Mvula were married to each other in community of property. Erf 1234 Kimberley was registered in both their names by virtue of Deed of Transfer T14654/1996. The property is subject to mortgage bond B3214/1996. Their marriage was dissolved by virtue of a final divorce order in June 2010. The deed of settlement did not deal with the immovable property at all. In January 2011 Mr Bob Mvula married Dorris, which marriage was in community of property. The ex Mrs Betty Mvula also got married in community of property to Mr Buhla in March 2011. The newly wed Mr Bob and Mrs Dorris Mvula want to register a second bond over the aforementioned Erf 1234 Kimberley. Mrs Buhla (previously Mvula) has indicated that she has no interest in the property and is prepared to sign whatever documentation which may be required in order to enable Mr Bob and Mrs Dorris Mvula to register the proposed second bond. 6.1 Draw all the documents required for lodgement at the Deeds Registry (excluding the further bond) in order to enable mr Bob and Mrs Dorris Mvula to deal with the property. (22) 6.2 List all the additional documents which are to be lodged together with the documents referred to in 6.1 above. (7) 6.3 The property is valued at R1 200 000,00. Calculate the transfer duty payable, if any. (1) Chapter 11 - Endorsements 7
Question 4 (Part 1) September 2012 [30] A, the owner of erf 50 Bloemfontein, instructs you to transfer his property to XYZ (Pty) Ltd the purchaser thereof. He hands you his title deed. The property is not mortgaged and is registered in the names of A and his wife, Beth, married in community of property to each other. You inform A that his wife, Beth, will be required to give her consent to the transfer. A informs you that he and Beth were divorced three years ago and that the joint estate was divided in equal shares. A also informs you that he married C in community of property a year ago, but that that marriage only lasted a few months. In terms of the divorce order pertaining to the second marriage, C forfeited the benefits of the marriage in community of property. After the divorce from A, Beth married D, which marriage is governed by the laws of a foreign country. Beth is prepared to co-operate in order to transfer the property to the purchaser XYZ (Pty) Ltd, if necessary. She advises you that she lays no claim to any part of the proceeds of the sale. The title deed bears no endorsements. 4.1 What act or acts of registration, in the most cost effective manner, must take place before you can proceed with the transfer of the property to the new purchaser XYZ (Pty) Ltd. (4) 4.2 Prepare the document/s to be lodged in the Deeds Office to give effect to your answer to question 4.1. You must provide your own further details to complete the document/s. (20) 4.3 Describe the transferor/s fully in the power of attorney for the transfer of the property to XYZ (Pty) Ltd. You must use your own further details.(6) Paragraph 10 - Section 45bis(1)(b) endorsement Change of matrimonial property system iii No questions. Paragraph 11 - Section 45bis(1A) Undivided shares in property Question 1 (Part 2) September 2009 [15] Koos and Sannie Louw were married to each other in community of property. Prior to them getting married, Sannie purchased Erf 1234 Belville, in extent 900 square metres held by her under Deed of Transfer No. T6578/1999. On 27 April 2005 the marriage was dissolved by an order of the High Court Cape Town, case no. 876.2005. The divorce order only states that the marriage is dissolved. The community estate is not addressed. No further agreement was entered into between them. The property is not mortgaged. (a) (b) Providing such further details as may be necessary, draw the necessary application to reflect the correct legal position in the Deeds Office. [12] List the documents which you will lodge in support of such application. [3] The same question was asked in - Question 1 (Part 1) September 2005 for 15 marks. Question 1 (Part 1) September 2009 [10] John and Mary Smith, who were married in community of property, have become divorced. Their joint estate is in terms of the court order to be divided equally. In terms of Deed of Transfer No. T 1234/1988 they are the registered owners of residential stand 23 Glen Morgan on which a dwelling is erected. 1 Draft the required document to record the proprietary right of each of them in the deeds office. [8] 2 What is the transfer duty implication, assuming the value of the property to be R1 000 000,00? [2] Question 5 (Part 2) May 2009 [4] Immovable property was purchased and registered in the name of an owner described as married out of community of property. Subsequent to the registration, it is discovered that no antenuptial contract was registered for the owner. The spouses now apply for the registration of a postnuptial contract. The contract is silent as to the immovable property. How will you rectify the matter before the property can be dealt with? Motivate your answer. Paragraph 12 - Section 58(2) endorsement Transfer to an insolvent Chapter 11 - Endorsements 8
Question 5 (Part 2) May 2012 [12] Discuss the three manners in which an insolvent can be re-vested with immovable property which formerly vested in his/her trustee. Your discussion must make specific reference to which documents, if any, must be lodged with the Registrar of Deeds in each case. Question 12 (Part 2) September 2009 [3] An unrehabilitated insolvent consults you to register a mortgage bond over his property which he acquired after insolvency. 12.1 Can this be done? [1] 12.2 Are there any special requirements? If so detail same. [2] Question 3 (Part 2) May 2008 [6] and Question 10 (Part 2) May 2009 [6] There are three manners in which a former insolvent can be re-vested with immovable property which formerly vested in his trustee. Name and discuss the three manners briefly. Paragraph 13 - Section 68(1) endorsement Lapse of Personal Servitude i i Question 12 (Part 2) September 2011 [7] 12.1 A property is subject to a usufruct. The usufruct is being cancelled by virtue of a Notarial Deed of Cancellation entered into between the owner of the property and the usufructuary. Will you have to lodge a transfer duty receipt or transfer duty exemption receipt together with the Notarial Deed of Cancellation? Motivate your answer. (2) 12.2 The usufructuary referred to in question 12.1 has died. Discuss how you will deal with the usufruct registered against the property. (3) 12.3 Do you have to lodge a transfer duty receipt or transfer duty exemption certificate when you deal with the situation referred to in question 12.2? Motivate your answer. (2) Question 17 (Part 2) May 2011 [5] Question 7 (Part 2) May 2009 [5] List the documents that are required to be lodged in the deeds office to note the lapsing of a personal servitude e.g. a usufruct. Question 11 (Part 1) September 2003 [16] David Grove and Catherine Grove, spouses married in community of property to each other, are the registered owners of Erf 55 Bartlett, Measuring 750 Square Metres by virtue of Deed of Transfer no T2345/1998. The Title Deed states that the property is subject to a usufruct in favour of David Grove s mother, Martha Grove, unmarried who died on 7 January 2003. Your client Noble Bank Ltd, requires a firs mortgage bond to be registered over the said property for R100 000. 11.1 Draw the document required to deal with the usufruct. Provide your own further details. [10] 11.2 What documents must be lodged with 11.1 above? [6] ANSWER - 11.1 Prepared by me CONVEYANCER Le Roux GJ Application in terms of Section 68(1) of the Deeds Registries Act 47 of 1937 We, the undersigned David Grove Identity number 701103 5009 081 and Catherine Grove Identity number 760208 0003 089 Married in Community of Property to each other; do hereby apply to the Registrar of Deeds at Pretoria, in terms of section 68(1) of the Deeds Registries Act 47 of 1937, for the endorsement of Deed of Transfer no. T23456/1998 in respect of Erf 55 Bartlett Township Registration Division I.R, Province of Gauteng MEASURING 750 (seven hundred and fifty) square metres As registered owners of the abovementioned property and as a result of the death of the usufructuary, Martha Grove, Chapter 11 - Endorsements 9
who died on 7 January 2003, we hereby apply for noting of the lapsing of the usufruct contained in the abovementioned Deed of Transfer, to the effect that the personal servitude of usufruct has lapsed. SIGNED at Pretoria on 10 September 2003. S Grove C Grove [10] 11.2 1. Title deed 2. Application in terms of section 68 of Deeds Registries Act 3. Death certificate or death notice [6] You receive the relevant title deed from the Bank and on examination thereof you notice that the partnership as reflected therein is called the Samijo Partnership. From enquiries you ascertain that in fact the partnership has changed its name to Brobso Partnership. The Samijo Partnership also owns Erf 25 Table View by Deed of Transfer T 7315/1969 which erf is not mortgaged. Draw the relevant document (not the bond or power of attorney) for lodgment at the deeds office so as to enable you to proceed with the registration of the new bond. List any documents to be filed therewith. See the EXAMPLE in the COLLECTION OF EXAMPLES Paragraph 14 - Section 78(1) endorsement Termination of registered lease A similar question was asked in - Question 13 (Part 1) May 2003 for 15 marks. Question 12 (Part 1) September 2003 [10] Your client James Nelson, who is married in community of Property to Yolanda Nelson, the owner of Erf 150 Tiger Valley Township, in extent 1 500 square metres, on which a filling station is erected, wishes to have the long lease which was registered against the title deed of the property cancelled as James Nelson and the lessee Wilbur Smith have by mutual written agreement agreed to cancel same. Draw the necessary document in order to give effect to the above. Provide your own details. See the EXAMPLE in the COLLECTION OF EXAMPLES Paragraph 15 - Section 93(1) endorsement Change of name i i Question 2 (Part 1) September 1997 [12] You are instructed by Uniform Bank Limited to register a bond in its favour by John Brown, identity number 470730 5004 08 0, married out of community of property, and Michael Soap, identity number 450205 5616 00 7, unmarried, and Samuel Obro, identity number 480112 5412 00 8, unmarried, trading in partnership as Brobso Partnership, over Erf 561 Milnerton, the relevant title deed being Deed of Transfer T 53/1985. Chapter 11 - Endorsements 10