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Conveyancing (LPL4804) True/False questions and answers
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Conveyancing (LPL4804) True/False questions and answers from 2014 to 2020
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Conveyancing (LPL4804) True/False Questions2020 SEMESTER 1
1. A negative characteristic of the South African deeds registration system is that deeds
are examined in terms of section 3(1)(b) of the Deeds Registries Act 47 of1937 by the
registrar or his/her representative prior to registration.
False, although deeds are examined for registrability, this is not a negative characteristic.
2. In South Africa, the state guarantees that the state deeds register is an authoritative
record of the rights to defined units of land.
False, the South African state does not guarantee the veracity of the state register.
3. In terms of section 13 of the Deeds Registries Act 47 of 1937 deeds are deemed to be
registered when the registrar’s signature is affixed thereto, which reflects a negative
characteristic.
True, deeds are deemed registrar when registrar’s signature is affixed.
4. Linking of deeds is done by numerical coding on the lodgement covers of the affected
deeds.
True, the lodgement covers reflect the linking by way of a combination of letters e.g. T, B,
BC, H, K and numbers 3/1, 3/2 and 3/3.
5. Only attorneys and notaries may prepare powers of attorney for lodgement at the
deeds registry in terms of Section 15A.
False. Attorneys, notaries and conveyancers as well as some state officials may prepare
powers of attorney for lodgement.
6. The registrar may, with the approval of the Master of the High Court, remove
liquidation and/ sequestration entries from the deeds registry records, after 10 years.
True, see sec 3(1)x in your prescribed Deeds Registries Act 47 of 1937.
7. The registrar of deeds may refuse to register deeds that are not printed in black ink.
True, the registrar has a discretion to waive or enforce the format requirements.
8. A notary or attorney may sign the preparation certificate on a consent to cancellation
of a mortgage bond, provided a conveyancer countersigns it.
True, see page 16 of study guide and regulation 43(2) or your prescribed regulations.
9. When there is a minor error in a deed that has been lodged but not yet registered at
the deeds office, the registrar may correct it in terms of section 4(1)(b) of the Deeds
Registries Act 47 of 1937.
False. Section 4(1) corrections are for errors in deeds that have been registered. Prior to
registration of the deed, the relevant conveyancer can simply correct and initial or where
necessary, have all parties to the transaction initial the correction.
10. Only conveyancers may lodge deeds for registration in that deeds registry.
, False, regulation 45(1) provides that a conveyancer practicing at the seat of the registry, or
a person employed by such conveyancer may lodge deeds. Then of course there is still the
state officials who may lodge deeds as well. Accordingly, the statement is not correct.
2019 SEMESTER 1
1. A negative characteristic of the South African deeds registration system is that deeds
are examined in terms of section 3(b) of the Deeds Registries Act 47 of 1937 by the
registrar prior to registration.
False, deeds are examined prior to registration in terms of section 3(b), but this is
characteristic of a positive system.
2. In South Africa the state guarantees that the state deeds register is an authoritative
record of the rights to defined units of land.
False, the state provides no guarantee and for this reason our system is regarded as
negative.
3. In terms of section 13 of the Deeds Registries Act 47 of 1937, deeds are deemed to be
registered when the registrar’s signature is affixed thereto, which reflects a negative
characteristic.
True, in a positive system annotation of the state register is the criteria for registration.
4. Linking of deeds is done by numerical coding on the lodgement covers of the affected
deeds.
True, as explained in unit 2 and the numerical coding is done either with ordinary numbers
or roman numerals.
5. Only attorneys and notaries may prepare powers of attorney for lodgement at the
deeds registry in terms of section 15a.
False, also conveyancers and state officials may sign the preparation certificates of powers
of attorney.
6. The registrar may, with the approval of the Master of the High Court, remove
liquidation and/ sequestration entries from the deeds registry records, after 10 years.
True, see section 3 of the Deeds Registries Act 47 of 1937.
7. The registrar of deeds may refuse to register deeds that are not printed in black ink.
True, refer to regulation 20.
8. The preparation certificate on a consent to cancellation of a mortgage bond may be
signed by a notary or attorney, provided it is countersigned by a conveyancer.
True, refer to regulation 44.
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