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Class notes LEV 3701 Law Of Evidence Admissibility Of Evidence Summary Exam Notes (PVL3702)
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Class notes LEV 3701 Law Of Evidence Admissibility Of Evidence Summary Exam Notes (PVL3702)
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SELF ASSESSMENT ANSWERS UNITS 1 TO 5UNIT 1
1.1 Characteristics of a positive system – see bulleted list under paragraph 2
Characteristics of a negative system – see bulleted list under paragraph 2
Positive characteristics of SA system
The state examines/investigates documentation and transaction for legality
The state completes and maintains a register o title
Register of title is linked to a cadastral system of maps and diagrams
Linking of transactions occur
The state in South Africa is under specific circumstances liable for shortcomings
The state register of property in South Africa is subject to a great deal of state supervision and
intervention/interference
The public does rely on the accuracy of the deeds registry data, although no guarantee is given by
the state
Negative characteristics of the South African system
The state gives no guarantees of accuracy of state register
Transfer is generally effected in a new deed of transfer for each transaction (see sec 16)
The state as a general rule does not incur liability for inaccurate or incomplete records, except in
very specific limited circumstances
1.2 For some examples see paragraph immediately below activity relating to expropriation of
property by state or marriages in community of property.
, 1.3 Suggested solutions has been included in answer to activity 1.1 above.
UNIT 2
2.1 Yes, attorneys practicing in the former Transkei before 1997 may fulfil all the functions of
conveyancers, but as a general rule, no, attorneys cannot act as conveyancers.
2.2
Deeds that MUST be prepared by Deeds that may be prepared by an attorney,
conveyancer notary or conveyancer
Deed of transfer Partition agreement
Partition transfer deed Power of attorney
Cession of a mortgage bond Consent to cancellation of a mortgage bond
Mortgage bond Application for correction in terms of sec
4(1)(b)
Cession of a notarial bond
2.3 The preparer i.e. attorney X, must initial the corrections in terms of regulation 44(2).
2.4
Linking
2 1
No Code Names of parties - SIMULS Firm no No in Title deeds
batch
1 T Ramwell/Bestfriend 69 1 T2345/2004
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