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DRL520S - DEEDS REGISTRATION LAW 1 - 2ND OPP - JAN 2020 |
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NAMIBIA UNIVERSITY
OF SCIENCE AND TECHNOLOGY
FACULTY OF NATURAL RESOURCES AND SPATIAL SCIENCES
DEPARTMENT OF LAND AND PROPERTY SCIENCES
QUALIFICATION (S) :
DIPLOMA IN LAND ADMINISTRATION ; BACHELOR IN LAND ADMINISTRATION
QUALIFICATION CODE:
O6DLAD; 07BLAD
NQF LEVEL: 5
COURSE NAME:
COURSE CODE:
DEEDS REGISTRATION LAW 1
DRL520S
SESSION: JANUARY 2020
PAPER: THEORY
DURATION: 2 HOURS
MARKS: 100
SECOND OPPORTUNITY/SUPPLEMENTARY EXAMINATION QUESTION PAPER
EXAMINER(S) | Stephnie Nicolene De Villiers
MODERATOR: | Emmy Wabomba
INSTRUCTIONS
1.
The paper has 4 questions.
2.
ALL the questions are compulsory.
3.
Write clearly and neatly.
4.
Number the answers clearly and according the numbering in the examination
question paper.
5.
Candidates will be penalised for incorrect spelling and illegible handwriting.
PERMISSABLE MATERIAL
Calculators
THIS QUESTION PAPER CONSISTS OF 20 PAGES (Including this front page and annexures)
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Deeds Registration Law 1
DRL520 S
Question 1
Answer the following multiple-choice questions. Write only the Roman number of the most
relevant answer next to the question number on your answer sheet.
a)
Choose the most relevant answer:
Abraham Shikongo married his wife Loide in Oshakati in 1993. They did not make a
statement indicating that they intended to be married in community of property. They
subsequently moved to Windhoek, and on 5 December 1999 he bought a house in
Luxury Hill. In the Deed of Transfer Abraham Shikongo will be described as follows:
i.
Abraham Shikongo
Born 27 February 1964
Married out of Community of Property
ii.
Abraham Shikongo
Born 27 February 1964
Married, which marriage is governed by the Recognition of Certain Marriages
Act, Act No 18 of 1991
iii.
Abraham Shikongo
Born 27 February 1964
Married, which marriage does not have the legal consequences of a marriage in
community of property, by virtue of the provisions of Proclamation 15 of 1928.
iv.
Abraham Shikongo
Identity Number 640227 01 00047
Married out of Community of Property
Vv.
None of the above
(2)
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Deeds Registration Law 1
b)
In examining deeds, questions of law should be dealt with by:
DRL520 S
i.
The junior examiner
ii.
Senior examiner
ili.
Chief examiner
iv.
The registrar of deeds
Vv.
Both Chief Examiner and Registrar of Deeds
(2)
c)
The marital status of a person who has been married in terms of customary laws, but
who divorced and whose ex-spouse passed away is
i.
Widower
ii.
Divorced
iii.
Single
iv.
Unmarried
v.
Either widower or divorced
(2)
d)
An application in terms of section 17(4) of the Deeds Registries Act is used to:
i.
Rectify an error in a deed;
i.
Rectify marital status on a deed;
iii.
Ensure that a property which is registered in the name of only one spouse who
are married in community is also registered in the other spouse’s neem;
iv.
Effect transfer by endorsement into the name of a spouse married in
community of property.
Vv.
Ensure that a property which is registered in the name of only one spouse who
are married in community is also registered in the other spouse’s neem which
will have the effect of transfer the property also into the name of a spouse
married in community of property.
(2)
e)
An agreement of partition must contain the following information:
i.
Description of the land being partitioned; The share or shares which are
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Deeds Registration Law 1
DRL520 S
registered in the name of each owner, with a reference to all the titles; The land
(portions or shares) which each owner has been allocated; Conditions which may
have been created in respect of each allocated portion or share; Any
consideration which possibly was given to equalize the partition.
Description of the land being partitioned; The share or shares which are
registered in the name of each owner, with a reference to all the titles;
Conditions which may have been created in respect of each allocated portion or
share; Any consideration which possibly was given to equalize the partition; Title
deed in terms of which the land which has to be partitioned is held
Description of the land being partitioned; The share or shares which are
registered in the name of each owner, with a reference to all the titles; The land
(portions or shares) which each owner has been allocated; Any consideration
which possibly was given to equalize the partition.
Description of the land being partitioned; The share or shares which are
registered in the name of each owner, with a reference to all the titles; The land
(portions or shares) which each owner has been allocated; Conditions which may
have been created in respect of each allocated portion or share; The value of the
land which needs to be partitioned.
Description of the land being partitioned; share; The value of the land which
needs to be partitioned.
(2)
[10]
Question 2
For each of the following statements, state whether it is true/ false. You do not have to
motivate your answers. Please note that T/F and yes/no answers will not be marked.
a)
Under Namibia’s registration system Sue will be protected when land is registered in
the name of Carlos which Carlos bought from Desmond if Desmond got the land in an
unlawful manner from Sue.
(2)
b)
Namibia has a system of registration of deeds.
(2)
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‘Deeds Registration Law 1
DRL520 S
c)
The Registrar of Deeds takes responsibility for the facts contained in a deed of transfer.
(2)
d)
The Registrar of Deeds may preserve and keep records of registration of rights to land.
(2)
e)
An application in terms of section 4(1)(b) of the Deeds Registries Act, 1937 can be used
to rectify to correct a transferee’s name on a deed of transfer from Joan Smith Identity
number 71050300137, Unmarried to John Smith, Identity number 69050300129,
married out of Community of Property.
(2)
[10]
Question 3
Complete the following sentences. Only write the missing words next to the question number
on your answer sheets.
a)
In the deeds registration context, another word for a creditor is ..............
(2)
b)
A document signed by the Registrar of Deeds in the deeds registry is ...........
(2)
c)
When a deed of transfer is registered it is Called a ceccceccsce sccesessessess
(2)
If you would like to buy a flat with a loan from a bank, you need to register a .............
deeentceeasecses sessesecees over the flat, so that the bank can have security for the loan granted.
(2)
e)
The document by which someone is authorized to act on behalf of another, is called a
(2)
Registers kept by the Registrar of Deeds include a sectional title register, a land
register, a caveat register and a ................. register.
(2)
g)
In the context of the registration of transaction in the deeds office, the conveyancer is
also known as the ...............
(2)
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“Deeds Registration Law 1
DRL520S
h)
The amount of transfer duty payable for a farm bought with a loan acquired through
Agricultural Bank of Namibia, with a purchase price of NS2 800 000, is .........
(2)
i)
Transfer duty payable by an heir in respect of property inherited, which property is
valued at NS2 120 000, is oo... ceesessesecscseseeseees
(2)
j)
The amount of transfer duty payable by Jarman Close Corporation in respect of a
property acquired for NS2 000 000 (two million Namibian Dollars) is
esssesseeeaeeeaeasacsecseeeevers
(2)
[20]
Question 4
Study the attached set of documents and answer the following questions:
a)
Provide an analysis of the supporting documents which are necessary to the specific
transaction you are examining.
(14)
b)
Calculate the stamp duty payable in the transaction you are examining.
(14)
c)
Identify and explain the endorsements which need to be affixed to the unregistered
deed of transfer. Be specific about the relevant copy of the document.
(10)
d)
Raise the necessary notes.
(22)
[60]
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Deeds Registration Law 1
DRL520 S
Prepared by me
Conveyancer
De Villiers. S.N.
DEED OF TRANSFER
BE IT HEREBY MADE KNOWN
THAT STEPHNIE NICOLENE DE VILLIERS
Appeared before me Registrar of Deeds at Windhoek, she the said
Appearrer being duly authorized thereto by a power of attorney
granted to her by
SAMUEL SIMANDE
BORN ON 15 MARCH 1958
And
EMILY SIMANDE
BORN ON 19 JUNE 1957
MARRIED IN COMMUNITY OF PROPERTY TO EACH OTHER
Acting by virtue of a Special
at 23"° March 2009
Power
of Attomey
signed
at Windhoek
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* Deeds Registration Law 1
DRL520 S$
AND THE SAID APPEARER declares
that
TRANSFEROR sold the hereinafter mentioned
March 2009.
the
property
said
on 1
And that she in her capacity aforesaid did, by these presents, cede
and transfer, in full and free property, to and on behalf of
JERRY HELAGO
BORN ON 15 FEBRUARY 1947
And
SOPHIA HELAGO
BORN ON 7 APRIL 1953
MARRIED IN COMMUNITY OF PROPERTY TO EACH OTHER
Their heirs, executors, administrators or assigns
CERTAIN:
SITUATE:
Erf No 593, KLEINE KUPPE (Extension 1)
In the Municipality of WINDHOEK
Registration Division “K*
Khomas Region
MEASURING: 502(FIVE ZERO TWO) square meters
FIRST TRANSFERRED
and still held by Deed of Transfer No
11359/2002 with General Plan No. A629/96
relating thereto.
A.
Subject to the following conditions imposed in terms of Government Notice
No. 218/1997, and created in the said Deed Of Transfer No T 1359/2002 ,
namely:
in favour of the Municipal Council of Windhoek
1. The erf is subject to the reservation for the Municipal Council of Windhoek of the right
of access and use without compensation of the area three meters parallel with any
boundary for ihe construction and maintenance of municipal services in respect of
water, sewerage, drainage, electricity and gas which right includes the right to place
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Wt
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“Deeds Registration Law 1
DRL 520S
on such erf temporarily any materials that may be excavated or used during such
Operations on the erf or any adjacent erf.
2. The building value of the main building, excluding the
outbuildings, to be erected on the erf shall be at least four
times the prevailing valuation of the erf by the Municipal
Council of Windhoek
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“Deeds Registration Law 1
DRL520S
WHEREFORE _ the Appearer renouncing all the right and title
the said TRANSFERORS heretofore had to the premises, did, in
consequence also acknowledge the said TRANSFERORS to be
entirely dispossessed of, and disentitled to, the same; and that by
virtue of these presents the said TRANSFEREES their heirs,
executors, administrators or Assigns, now are and henceforth shall
be entitled thereto, conformable to local custom the State,
however, reserving its rights, and finally acknowledging the
purchase price to the sum of N$925 000.00
SIGNED at WINDHOEK, on
with the Appearer, and,confirmed with my seal of office.
, together
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In my presence
‘
—
REGISTRAR OF DEEDS
es
Signature of Appearer
Transfer Duty Receipt No.108122937
Receiver of Revenue at Windhoek on
amount of N$57 000.00
issued by the
26/09/08for the
(Checked) 1. ooo... cece
2. £83 VEER ices ewenes womens
aslh3|trhvoheu0aetciar(pthsraiee1pelleos)labAf(ibcy.uauietlu)nld,etidvchteieyohatrarraontbsisdilcitfsehygyuanbaclreelhicignednoen,tuthpnreercearpoiSsnamlptfpidseeeedercpsittnh,moyufniprionceSeifinhsetoapmcsertNuutcaigicmentoechrdnsomlsociefhi7anmna8noeamcrfdnlogyouveftDdhoaeiitAsbnshcpeglterrVAervioclivttNlch,iimoeeped,orresion2dd,npe3aacetylmrCefusetooosfnryiniovfvt1iden9yiuenr9eyse2oategfoecirntrtosactimtnfh;eorsaatycranthitelioiafotllny
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Deeds Registration Law 1
DRL520S
Prepared by me
Conveyancer
De Villiers. S.N.
DEED OF TRANSFER
BE IT HEREBY MADE KNOWN
THAT STEPHNIE NICOLENE DE VILLIERS
Appeared before me Registrar of Deeds at Windhoek, she the said
Appearrer being duly authorized thereto by a power of attorney
granted to her by
SAMUEL SIMANDE
BORN ON 15 MARCH 1958
And
EMILY SIMANDE
BORN ON 19 JUNE 1957
MARRIED IN COMMUNITY OF PROPERTY TO EACH OTHER
Acting by virtue of a Special
at 23°? March 2009,
Power
of Attomey
signed
at Windhoek
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Deeds Registration Law 1
DRL5205S
AND THE SAID APPEARER declares
that
TRANSFEROR sold the hereinafter mentioned
March 2009.
the
property
said
on 1
And that she in her capacity aforesaid did, by these presents, cede
and transfer, in full and free Property, to and on behalf of
JERRY HELAGO
BORN ON 15 FEBRUARY 1947
And
SOPHIA HELAGO
BORN ON 7 APRIL 1953
MARRIED IN COMMUNITY OF PROPERTY TO EACH OTHER
Their heirs, executors, administrators or assigns
CERTAIN:
SITUATE:
Erf No 593, KLEINE KUPPE (Extension 1)
In the Municipality of WINDHOEK
Registration Division “K"
Khomas Region
MEASURING: 502(FIVE ZERO TWO) square meters
FIRST TRANSFERRED
and still held
1359/2002
by Deed of Transfer No
with General Plan No. A629/96
relating thereto.
AL
Subject to the following conditions imposed in terms of Government Notice
No. 218/1997, and created in the said Deed Of Transfer No T 1359/2002 ,
namely:
\\n favour of the Municipal Council of Windhoek
1. The erf is subject to the reservation for the Municipal Council of Windhoek of the right
of access and use without compensation of the area three meters parallel with any
boundary for the construction and maintenance of Municipal services in respect of
waler, sewerage, drainage, electricity and gas which right includes the nght to place
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Deeds Registration Law 1
DRL520 S
on such erf temporarily any materials that may be excavated or used during such
operations on the erf or any adjacent erf.
2. The building value of the main building, excluding the
outbuildings, to be erected on the erf shall be at least four
times the prevailing valuation of the erf by the Municipal
Council of Windhoek
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“Deeds Registration Law 1
DRL520 S
WHEREFORE
the Appearer renouncing all the right and title
the said TRANSFERORS heretofore had to the premises, did, in
consequence also acknowledge the said TRANSFERORS to be
entirely dispossessed of, and disentitled to, the same; and that by
virtue of these presents the said TRANSFEREES their heirs,
executors, administrators or Assigns, now are and henceforth shall
be entitled thereto, conformable to local custom the State,
however, reserving its rights, and finally acknowledging the
purchase price to the sum of N$925 000.00
SIGNED at WINDHOEK, on
with the Appearer, and, confirmed with my seal of office.
, together
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In my presence
trent
es
Signature of Appearer
REGISTRAR OF DEEDS
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“Deeds Registration Law 1
DRL520 S
Prepared by me
ASL”
Legal Practitioner
DEWITT B
POWER OF ATTORNEY TO GIVE TRANSFER
We, the undersigned
SAMUEL SIMANDE
BORN ON 15 MARCH. 1958
And
EMILY SIMANDE
BORN ON 19 JUNE 1957
MARRIED IN COMMUNITY OF PROPERTY TO EACH OTHER
WVnDIoaILmNLeDIhHEeROraSeEnbdKy witpahlnnaodcmpeiotnwhaeetanren,daonfdscstoutenbhassedttriiettuuttatoesionoauparpntodeaacrtbeaapnpbmdoeyifnodtrleeaewdfuStlThtoeEAPttrHtRaoNenrsgInfiEeesyrtrataroNndICofOaLgeEDnNeteEdsin
DE
my
at
JERRY HELAGO
BORN ON 15 FEBRUARY 1947
And
SOPHIA HELAGO
BORN ON 7 APRIL 1953
MARRIED IN COMMUNITY OF PROPERTY TO EACH OTHER
the following property, namely:
CERTAIN:
ERF NO. 583 KLEINE KUPPE
SITUATE:
In the Municipality of WINDHOEK
Registration Division “K"
MEASURING:
500 (FIVE ZERO TWO) square metres.
HELD BY:
DEED OF TRANSFER No T 1§59/2002
Which property was sold on 7 March 2009
for the sum of N$975 000.00
and further to
hereto had in
property and
hypothecations
deeds, or other
arniaaednlcnsscootoutrronudcmitteenohngetsatlslthaoeiadtnlhdaewcp,lrderoaioptgrocehtru.tdmyret,ahntwiett,lseto;ssaipangrdmnoemiainnstdeefrreopstmaotssfwraheleltihcehaenndnetchcueewmsabrssrraaiaradnyntctearstcahtnessfesaarannoiddrd
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Deeds Registration Law 1
DRL520S
5
vAwcaphTisoehruNrnraarCtefntuptiesosporfesomfereoeuifsrsrvnboteegethnerfehasaorelfrslaoemeynrtayoden-dphwcrsapreeardpiditsetrodeestoeneminrtnnaitste,tso..ntiaoonnttrugdornanaenncdydseotfaoenradoanartldclhtetchiateanaghugsgersaeseienaedritiihdgnehtgrotps,ehrliaobalnpentltdieotrldetl—oayriwanantfeniuhfdlayefln,urwyldlehibnaadtytlogea,lsernoenodwseeortrravateilfacwrfrlnahyeydieuinscsgheh,facpolorrltnotohafpeeliebfblrreefomtTewyrcridtaenoiqnagnlnustlgeoif,seiaratttnnoehhbddr,eey
SIGNED at WINDHOEK, this 15th day of March 2009
AS WITNESSES:
1. Sxertlon__
;
a dy Mancle
SAMUEL SIMANDE
2. Anna Witboor
EF Simande
EMILY SIMANDE
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_ Deeds Registration Law 1
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DRL520 S
PreparesLoyme
Conveyancs
Bergh
1459 I 20d
BE IT HEREBY MADE KNOWN
THAT NICOLENE BERGH
Appeared before me Registrar of Deeds al Windhoek, she the said
Appearrer being duly authorized thereto by a power of attorney
granted to her by
MICHAEL JACKSON
BORN ON 30 SEPTEMBER 1968
UNMARRIED
Acting by virtue of a Special Power of Attorney signed at Windhoek
at 15th FEBRUARY 2002
U
('
ne
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" Deeds Registration Law 1
DRL520 S
2
AND THE SAID APPEARER declares that the said TRANSFEROR sold
the hereinafter mentioned property on 31 JANUARY 2002.
And that she in her capacity aforesaid did, by these presents, cede and
transfer, in full and free property, to and on behalf of
SAMUEL SIMANDE
BORN ON 15 MARCH 1958
And
EMILY SIMANDE
BORN ON 19 JUNE 1957
MARRIED IN COMMUNITY OF PROPERTY TO EACH OTHER
Their heirs, executors, administrators or ass
CERTAIN:
SITUATE:
MEASURING:
FIRST TRANSFERRED
Erf No 593, KLEINE KUPPE (Extension 1)
In the Municipality of WINDHOEK
Registration Division “K’
Khomas Region
502(FIVE ZERO TWO) square meters
and still held by Deed of Transfer No T1359/2002
with General Plan No. A629/96 relating thereto.
A. Subject to the following conditions imposed in terms of Government
Notice No. 218/1997, and created in the said Deed Of Transfer No
T 1359/2002 , namely:
In favour of the Municipal Council of Windhoek
1. The erf is subject to the reservation for the Municipal Council of
Windhoek of the right of access and use without compensation of the
area three meters parallel with any boundary for the construction and
maintenance of municipal services in respect of water, sewerage,
drainage, electricity and gas which right includes the right to place on
such erf temporarily any materials that may be
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; Deeds Registration Law 1
4
DRL520S
excavated
erf.
3
or used during such operations on the
erf or any adjacent
2. The building value of the main building, excluding the outbuildings, to
be erected on the erf shall be at least four times the prevailing
valuation of the erf by the Municipal Council of Windhoek.
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Deeds Registration Law 1
DRL520 S
a
3
WHEREFORE the Appearer renouncing all the right and title the
said TRANSFEROR heretofore had to the premises, did, in
consequence also acknowledge the said TRANSFEROR to be
entirely dispossessed of, and disentitled to, the same; and that
by virtue of these presents the said TRANSFEREE its
heirs,executors, administrators or Assigns, now are and
henceforth shall be entitled thereto, conformable to local custom
the State, however, reserving _ its rights, and __ finally
acknowledging the purchase price to the sum of NS 80 000.00
SIGNED at WINDHOEK, on
12 APR 2008
.
with the Appearer, and confirmed with my seal of office.
, together
In my presence
Signature of Appearer
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