100+ Free LPC Conveyancing Exam Practice Questions

Explanation: Section 16 of the Deeds Registries Act 47 of 1937 establishes the fundamental rule of South African land registration: ownership of land may be conveyed from one person to another only by means of a deed of transfer executed before the Registrar of Deeds and signed by a conveyancer authorized by a power of attorney. Statutory exceptions exist only for land acquired by expropriation or statutory vesting under specific legislation. Private written contracts or conveyancer endorsements alone cannot pass ownership of immovable property.

Explanation: Section 14(1)(a) of the Deeds Registries Act 47 of 1937 enacts the principle of sequence of transfers, requiring that transfers of land and cessions of real rights must follow the sequence of transactions or legal causes giving rise to them. Each intermediate transfer must be registered in order to maintain an unbroken chain of registered title. Bypassing intermediate steps is prohibited unless explicitly authorized under the statutory exceptions in Section 14(1)(b).

Explanation: In terms of Section 15 of the Deeds Registries Act 47 of 1937 and Regulation 44 of the Deeds Registries Regulations, a conveyancer who signs the preparation certificate on a deed, power of attorney, or consent accepts statutory responsibility for the correctness of the facts stated therein. This includes certifying the identity, contractual capacity, marital status, authority of representatives, and compliance with statutory conditions. The Registrar of Deeds relies on this certificate when registering documents.

Explanation: Regulation 43 of the Deeds Registries Regulations requires that a power of attorney to pass transfer must clearly describe the property to be transferred, state the full names and marital status of the transferor and transferee, specify the causa of transfer, and be signed by the transferor in the presence of two competent witnesses (or a Commissioner of Oaths) who must attest the signature. It must also bear a preparation certificate signed by a practicing conveyancer under Regulation 44.

Explanation: Section 45(1) of the Deeds Registries Act 47 of 1937 allows for transfer by endorsement where land or a registered bond belonging to a joint estate is registered in the name of the deceased spouse (or both spouses married in community of property), and the surviving spouse has lawfully acquired the deceased spouse's share in that land or bond (e.g. via testate/intestate succession or a redistribution agreement in the estate). The Registrar endorses the existing title deed to vest full ownership in the survivor without executing a formal deed of transfer.

Explanation: Section 45bis(1)(a) of the Deeds Registries Act 47 of 1937 provides a simplified procedure for transferring joint estate property upon divorce. Where property owned by spouses married in community of property is awarded to one spouse in terms of a court order of divorce or endorsed settlement agreement, that spouse may apply to the Registrar of Deeds for an endorsement on the title deed. The application must be supported by the title deed, court order/settlement agreement, rates clearance, transfer duty exemption certificate, and bondholder consents (if mortgaged).

Explanation: Section 45bis(1A) of the Deeds Registries Act 47 of 1937 was introduced to deal specifically with cases where one former spouse acquires an undivided share in joint estate property (rather than sole 100% ownership) pursuant to a divorce court order or settlement agreement. Upon application by the acquiring former spouse, the Registrar endorses the title deed to reflect that such spouse holds the specified undivided share in the property.

Explanation: Section 33 of the Deeds Registries Act 47 of 1937 provides a judicial remedy for any person who has acquired the right to ownership of immovable property (e.g. through 30 years of acquisitive prescription under the Prescription Act 68 of 1969) and who cannot obtain registration in the ordinary sequence of transfer. The applicant must apply to the High Court for an order directing the Registrar of Deeds to register the property in their name.

Explanation: Section 4(1)(b) of the Deeds Registries Act 47 of 1937 authorizes the Registrar of Deeds to correct errors in the name or description of any person, property, or right mentioned in a registered deed. However, the proviso explicitly restricts this power: no such correction may be made if it would have the effect of transferring any right in land. Where a rectification would effectively divest one person of a real right and vest it in another, a formal deed of transfer or court order is required.

Explanation: Regulation 68(1) of the Deeds Registries Regulations prescribes that an application for a certified copy of a lost or destroyed title deed must be made by the registered owner (or authorized agent) and accompanied by a sworn affidavit. The affidavit must state that the deed has been lost or destroyed, detail the circumstances of the search, and explicitly confirm that the deed has not been pledged, ceded as security, or delivered to any person as security for a debt.