Assignments for Chapter 12
Lost Deed Immovable property is registered in the names of spouses married in community of property to each other. The title deed has been lost. Is it possible for only one of the spouses to apply for a certified copy of the title deed? Motivate your answer.
Total number of marks asked from this chapter Sep 2009 - 0 May 2009 - 0 Sep 2008 - 0 May 2008 - 0 Sep 2007 - 2 May 2007 - 0 Sep 2006 - 0 May 2006 - 0 Sep 2005 - 0 May 2005 - 0 Sep 2004 - 0
July 2004 - 6 Sep 2003 - 8 May 2003 - 0
Sep 2002 - 20 May 2002 - 0
See Question 1.4.1 (Part 1) July 2004 in the Assignment titled “General”. It forms part of a combination question. It is a regulation 68(1) application.
Sep 2001 - 0 May 2001 - 0 Sep 2000 - 2 May 2000 - 17 Sep 1999 - 0 May 1999 - 7
Paragraph 2.2 - Application for copy where land is mortgaged
An average of 2.8 marks from 22 papers Importance: 0,9% of the examination paper
Question 14 (Part 1) May 2000
Paragraph 2.1 - Application by the registered holder of a deed Question 1 (Part 1) May 2011
Charles Misladen, unmarried, requests that you attend to the registration of transfer of his property into the name of Annie Forgetful. The property is bonded to Lost Bank under mortgage bond B9640/1996. Upon enquiry with both your client and Lost Bank it is apparent that both the bond and the title deed, Deed of Transfer T12111/1996, are lost.
[10]
Black Beard (Identity No 550305 5012 08 9, married in community of property to July Beard) is the registered holder of Mortgage Bond No. B 9715/2008 for the sum of R800 000,00 with a contingency provision of R160 000,00 passed in his favour as a first mortgage by George Washington (Identity No 670717 5003 08 5, married in France to Jessie Washington and domiciled in France at the time of the marriage). In the bond, however, the identity number of Black Beard is disclosed as 350303 5012 08 9. The bond has been lost and Black Beard is to apply for a certified copy thereof in order that he may in due course waive preference in favour of another bond which is to be passed by George as a first mortgage in favour of a bank. •
Draw the application for a certified copy of the bond (incorporating the necessary affidavit). (7)
•
State briefly how you would deal with the incorrect identity number at the time of making the application for a certified copy of the bond.(3)
Question 20 (Part 2) September 2007
Chapter 12 - Assignments for Lost Deed
[17]
In the interim you obtained a copy of the title deed for information purposes to enable you to draw your documents. You notice an endorsement on the title deed stating that a certified copy was issued on 19 January 1997 in lieu of the original. 14.1
Draw the necessary documents in respect of the lost title deed and bond in favour of Lost Bank to enable you to proceed with the transfer of the property. (15)
[2]
1
Centre for Conveyancing Practice - 2013
Answer to 14.1
Answer to 14.2
Three documents are required: 1.
Yes, I will proceed. The original title deed can no longer be used as a certified copy in lieu of the original has already been issued - (See Section 98(1) of the Deeds Registries Act).
Application and affidavit by Charles in terms of regulation 68(1) for a new certified copy to replace the certified copy of the title deed, issued on 19 January 1997, that is now lost.
The original title deed must be surrendered to the Deed's office - (See Section 98(2) of the Deeds Registries Act).
See Example “12 B” in the collection of examples. 2.
Consent by Lost Bank for the issue of a certified copy to Charles of the lost copy in terms of regulation 68(1).
Paragraph 2.4 - Application for the replacement of unserviceable deed Question 3 (Part 1) September 2003
See Example “12 B” in the collection of examples.
3.
[8]
You are approached by Mr Petrus Bantom who instructs you that his Deed of Transfer No T386/1988 was ruined when his house was flooded recently. He hands you the damaged deed and instructs you to obtain a copy for him as it is damaged. Draft the necessary application.
Application & affidavit by Lost Bank for cancellation of the lost bond.
See Example “12 D” in the collection of examples. ANSWER
Note: Students often confuse regulation 68(1) with regulation 68(11). Regulation 68(11) can only be used if two requirements are met: 1. the bond is lost; and 2. the bond is going to be cancelled.
See Example 12 C in Part 4 of your notes
Paragraph 2.5 - Application by the mortgagee of a mortgage bond which has been lost i i
If the bond is lost and is not going to be cancelled, then the usual application in terms of regulation 68(1) is required.
Question 15 (Part 1) September 2002
The purpose of regulation 68(11) is to provide a short cut route when the bond is lost and is going to be cancelled: Instead of having to apply for a copy of the bond, in terms of regulation 68(1), and to do a consent to cancellation, you are now allowed to bring only one application, in terms of regulation 68(11), namely for cancellation of the bond. It is not necessary to apply for the issuance of a certified copy of the bond, because the regulation allow that the bond be cancelled without a certified copy being issued. 14.2
Malcolm Hewitt is the mortgagee under Mortgage Bond B 8000/1999 over Erf 785 in the township Bubub. The owner of the erf is Peter Henman. The owner of the property has repaid the amount owing under the bond and requests the mortgagee to cancel the bond. The mortgagee cannot find the bond or the title deed anywhere. The owner is not in possession of the title deed.
Prior to lodgment in the deeds office your client advises that he has located the original title deed, T12111/1996. Under the circumstances will you proceed with the application for a certified copy? Motivate your answer. (2)
Chapter 12 - Assignments for Lost Deed
[12]
15.1
Draw the document required by a Registrar of Deeds to cancel the bond in the least expensive manner. (9)
15.2
Which documents must be lodged to obtain cancellation of the bond? (3)
ANSWER
2
15.1
See Example 12 D in Part 4 of your notes
15.2
Documents for lodgement in the deeds office
Centre for Conveyancing Practice - 2013
1 2
3
Application and affidavit by the mortgagee, in terms of regulation 68(11) Application by the owner of the property for a certified copy of the title deed (deed of transfer) in terms of regulation 68(1) consent by the mortgagee to the issuing of a certified copy of the title deed and confirmation that the deed is not in possession of the mortgagee.
ANSWER 1.1 The sheriff must certify in writing that he has not been able to trace the title deed. This certificate of the sheriff is usually in the form of an affidavit, but it is not essential. When such a certificate is provided the title deed or a certified copy thereof need not be lodged.(2) 1.2 Yes. A sheriff may, in terms of regulation 68(14) apply for a certified copy of a title deed. (2) Question 2 (Part 1) September 2012
Paragraph 2.6 - Application by the sheriff
Jan Snyman, identity no 701010 5001 082, unmarried, is the mortgagee under mortgage bond B888/2005, passed in his favour by Syringa Investments CC for an amount of R425 000,00.
See Assignment 14 dealing with Mortgage Bonds, under paragraph 6 - “Cession of a mortgage bond”, Question 5 (Part 1) September 2007, where a Regulation 68(1) and (14) application had to be drafted with a cession of a mortgage bond. Question 8 (Part 1) May 2011
One of Snyman’s creditors, Secure Investments (Proprietary) Limited, has caused Snyman’s rights under the bond to be attached by the sheriff, who sold these rights in execution to Secure Investments (Proprietary) Limited for R100 000,00.
[8]
Jack Russell is the owner of a property which is subject to a bond in favour of Best Bank Limited. Russell failed to comply with his obligations in terms of the bond and the bank instituted action against Russell and the property was duly sold by the sheriff by public auction.
You have been instructed to prepare the necessary documentation to vest the rights in the bond in the name of Secure Investments (Proprietary) Limited. You ascertain that Snyman has disappeared and that nobody, including the sheriff, has been able to locate the bond in question.
The bank is not in possession of the title deed and Russell cannot be traced. 8.1
Draw the causa in the deed of transfer from the sheriff to the purchaser. Provide your own further details. (6)
8.2
What must be done regarding the title deed? (2)
Draw the documents to be lodged in the deeds office in view of the aforegoing facts, so as to ensure that Secure Investments (Proprietary) Limited becomes the registered holder of the bond. Provide your own further details. THe same question was asked in Question 6 (Part 1) May 2011 for 15 marks, Question 5 (Part 1) September 2007 for 10 marks and Question 4 (Part 1) May 1997 for 15 marks
THe exact same question was asked in Question 16.2 (Part 1) September 2002 for 8 marks Question 1 (Part 2) May 1999 1.
2.
[20]
[7] Answer Two documents are required:
A sheriff has sold a property by public auction. The title deed cannot be traced. How will you solve this problem? Do not draft any documents. (2)
1.
May a sheriff apply to the Registrar of Deeds for the issue of a certified copy of a lost title deed in terms of regulation 68(1)? Motivate briefly. (2)
An application and affidavit in terms of regulation 68(1) and 68(14).
See Example “12 E” in the collection of examples. 2.
(Was part of a 7 marks question)
A cession of a mortgage bond, which pertains to chapter 14, “Mortgage bonds”.
See Example “14 F-1" in the collection of examples
Chapter 12 - Assignments for Lost Deed
3
Centre for Conveyancing Practice - 2013
Paragraph 4 - Copies for other purposes Question 15 (Part 2) September 2000
[2]
For which purposes can a copy of a deed be issued by a Registrar of Deeds other than to serve in the place of a lost deed?
For information purposes -
Regulation 66.
For judicial purposes
Regulation 67.
-
Chapter 12 - Assignments for Lost Deed
4
Centre for Conveyancing Practice - 2013
