CONVEYANCING
ASSIGNMENT 1
UNIQUE ASSIGNMENT NUMBER: 632443
STUDENT NAME: NOMPILO C KHUMALO
STUDENT NUMBER: 32331789
Question 1
As provided for in the Law; Conveyancers have the requisite authority to prepare
deeds of transfer or certificates of title for registration at the Deeds Office.1
As explained in the Study Guide2, the South African land registration system does not
guarantee the correctness of data contained in the South African Deeds registries,
however deeds are not just registered at face value but title holders are provided with
security of title. Title holders and bonafide third parties can rely on the records of the
Deeds Registry as correct. Before any deed is registered it is thoroughly checked that
all details provided in documentation is correct and compliant with the law.
The Study guide also provides us with a detailed explanation of the duties of a
Conveyancer.3A Conveyancer is one of the stakeholders that ensures correctness of
deeds submitted to the Registry for record. As provided for in Section 15 of the Act4,
A Conveyancer is required to conduct due diligence with regards to the correctness of
documentation and details submitted in Deeds office for registration and then sign the
preparation clause to certify the correctness of the facts in the document. This process
is called preparation in Conveyancing.5 Once a Conveyancer has checked for
correctness and compliance, he/she certifies the documents as correct and in
compliance with the law. The certification signed by the Conveyancer is called a
preparation certificate.
When signing the preparation certificate, the preparer of a deed takes responsibility
for the correctness of the facts of the the document they have prepared, and they take
1
S15 of the Deeds Registration Act 47 of 1937:
Preparation of deeds by conveyancer
Except in so far as may be otherwise provided in any other law, no deed of transfer, mortgage bond or
certificate of title or any certificate of registration of whatever nature, mentioned in this Act, shall be
attested, executed or registered by a registrar unless it has been prepared by a conveyancer.
2
Ramwell D Conveyancing: Only Study Guide for LPL4804 2-6
3
Study Guide 13-16
4
15A. Proof of certain facts in connection with deeds and documents by means of certain certificates
(1) A conveyancer who prepares a deed or other document for the purposes of registration or filing in
a deeds registry, and who signs a prescribed certificate on such deed or document, accepts by virtue
of such signing the responsibility, to the extent prescribed by regulation for the purposes of this section,
for the accuracy of those facts mentioned in such deed or document or which are relevant in connection
with the registration or filing thereof, which are prescribed by regulation.
5
Study Guide 16
1
responsibility as prescribed in section 15 and 44A of the Deeds Registration Act which
provides:
• “All copies being identical
• Deeds of transfer and certificates of registered title conditions being correctly brought
forward from preceding deed
• Executors, trustees, curators, liquidators and judicial manager signatories being duly
appointed and transaction being authorised will, trust deed or court order
• Parties being correctly and completely described/cited, including marital status
• Signatories being duly authorised in the case of companies, close corporations,
churches, associations, societies and trusts and that the transaction (except in the
case of companies) is authorised in the founding deed or constitution particulars being
brought forward from power of attorney”.6
Question 2
As Transferees:
1. Lumkile Mtolo
Identity Number: 7310050509086
Married out of community of property
And
2. Zandile Mtolo
Identity Number: 8102010609082
Married out of community of property
6
Study Guide 28-29
2
Question 3
The Preamble cites ownership and the person/s who have given the power of attorney
to the Conveyancer. Zandile and Lumkile Mtolo would be described in the same
manner as above, because they are married out of community of property and they
both own the property in equal indivisible shares and therefore both must be cited as
owners.
3
Bibliography
Legislation
Deeds Registration Act 47 of 1937
Other Sources
Ramwell D Conveyancing: Only study guide for LPL 4804
DECLARATION OF ACADEMIC HONESTYDeclaration: Nompilo Charity Khumalo
1. I understand what academic dishonesty entails and am aware of UNISA’s policies
in this regard.
2. I declare that this assignment is my own, original work. Where I have used someone
else’s work I have indicated this by using the prescribed style of referencing. Every
contribution to, and quotation in this assignment from the work or works of other people
has been referenced according to this style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of
passing it off as his or her own work.
4. I did not make use of another student’s work and submitted it as my own.
NAME : NOMPILO CHARITY KHUMALO
STUDENT NUMBER : 32331789
MODULE CODE : LPL4804
SIGNATURE : NCK
DATE : 14 June 2021
