UNIVERSITY OF ZIMBABWE
(LB021)
LL.B (HONS) PART III AND IV
CONVEYANCING
EXAMINATION
MARCH 2003
3 HOURS
Answer all Questions. NOTE when drafting documents devise your own
data unless it is supplied.
Question 1
Thulani Takura breached the terms of a Mortgage Bond which he passed in
favour of the Progressive Building Society by not paying a single instalment for
the amount owed to the society. The society obtained judgment against the said
Mr Takura in Case No. HC/1079701/02. Pursuant to such judgment a warrant of
execution was issued and the following property was attached and sold by Public
Auction for the sum of $44 850 000.00. The sale in execution was confirmed on
the 22nd of August 2002.
You have now been instructed to attend to the Sheriff’s transfer to Flogan
Investments, trading as the Property People, a company duly registered in terms
of the laws of Zimbabwe of certain 1019 square metres of land called Stand 4000
Ruwa Township of Dispute Estate situate in the District of Goromonzi, held under
Deed of Grant No. 1902444/99 dated the 12 th December 1999.
There is no diagram annexed to the Deed of Grant, the diagram having been
dispensed with in terms of the Land Survey Act.
(a) Draw the Power of Attorney to pass transfer.
[5]
(b) Draft the Deed of Transfer
[10]
(c) List the supporting documents you would lodge with these documents.
[4]
1
(d) Calculate the total registration fees and duties paid in this registration.
[3]
(e) Comment on the cancellation of the Mortgage Bond.
[1]
(f) Draft the necessary extract of a resolution which the company would need
to execute should they wish to transfer the property to Peter Ndlovu.
[2]
Question 2
(a) Mention five instances where one may take out a Certificate of Registered
Title.
[5]
(b) (i) Annexure ‘A’ to this examination paper is an approved survey
diagram.
Draft a Certificate of Consolidated Title using the information
provided in the diagram and any other information you may devise
for this purpose.
[8]
(ii) What documents will be included in your lodging cover?
[4]
(b) Seldem Holdings Ltd is the registered owner of Stand 12457 Harare
Township lands measuring 2 916 square metres under Certificate of
Registered Title No. 3689/92 with diagram annexed dated the 17 th
September 1992. The company has entered into an agreement of sale
with The Mangwana Scholarship Trust whereby the Trust bought the
property for a purchase price of $100 000 000.00. A deposit in the sum of
$25 000 000.00 was paid on signing of the agreement and the balance is
to be paid in equal monthly instalments of $5 000 000.00 the 1 st of which
was paid on the 31st December 2002. Transfer of the property from the
company to the Trust is to be registered on payment of the full purchase
price. The Chairperson of the Board of Trustees consults you and
instructs you to put in place adequate security for the Trust in the event
that the company goes insolvent or against the company transferring the
property to someone else.
Draft the relevant document that you would lodge with the Deeds Registry
in terms of section 64 of the Deeds Registries Act (Chapter 20:05)
[8]
2
Question 3
(a) Mention three instances where duty is exempt on registration of bonds.
[3]
(b) How would you vary the terms of a Bond and what procedure would have
to be adopted?
[4]
(c) Cosmopolitan Bank Zimbabwe Ltd has granted certain loan facilities
amounting to $700 000 000.00 to Takura Import and Export Company
(Private) Limited secured by a Mortgage Bond over the property of the
company.
Draw the Deed of Hypothecation in detail by completing the blank Deed of
Hypothecation form annexed hereto as Annexure B and contains four
pages
[15]
(d) Name three (3) instances where the consent of a holder of a Mortgage
Bond is NOT required where the property so bonded is being transferred.
[3]
Question 4
(a) Write a brief note on the difference between Real and Personal Rights
with particular reference to the definition of a Real Rights as defined in the
Deeds Registries Act.
[8]
(b) Draw the Extending Clauses in the following examples:
(i) Where the Holding Deed is the immediate Deed to follow the
Diagram Deed.
[3]
(ii) Where a new subdivision has been created and a new diagram
framed for such subdivision.
[3]
(c) Draw the conditional clauses in the following examples:-
(i) Where an existing condition need not be carried forward.
[3]
3
(ii) Where there are new conditions to be included in the new Deed
[3]
(d) What provisions in the Deeds Registries Regulations relate to the
description of area in documents and documents in which the area is not
expressed in metric measure.
[5]
TOTAL MARKS [100]
END OF EXAMINATION PAPER
