UNIVERSITY OF ZIMBABWE

(LB021)
LL.B (HONS) PART III AND IV
CONVEYANCING
EXAMINATION

FEBRUARY 2004

3 HOURS

Answer all Questions. NOTE when drafting documents devise your own
data unless it is supplied.

Question 1

(a) In the event of property being transferred to a partnership, how is the

(b) A sells his house to B for $245 697 350,00. B obtains a building society bond
for $122 848 675,00. The costs clause which is to be a continuing cover for
security, is $29 483 682,00. Showing all the steps in your calculations,
calculate the transfer and bond duty and state what registration fees are
payable.
[8]

(c) A minor wishes to transfer his property to his major brother. May his guardian
sign on his behalf? Discuss very briefly.
[2]

(d) Under what circumstances are carbon copies of documents accepted in the
Deeds Office?
0[1]

(e) List eight (8) exemptions from payment of stamp duty in respect of the
acquisition of immovable property. (where no change in beneficial interest in
the property is effected ; where an ecclesiastical,charitable
[4]

(f) Under what Deeds Registries Offices does urban property in Kwekwe fall?
(Bulawayo)
[1]

1
(g) A sells his farm to B and C jointly. What two ministerial Consents/Certificates
would have to be obtained? (Certificate of no present title and certificate of
designation)
[2]

(h) You are instructed to register a bond in favour of Badza Holdings Limited to
rank pari passu with an existing Bond in favour of John Sibanda who has
agreed to waive his preference under the bond. Draw the Waiver of
Preference.
[5]
[25 marks]
Question 2

Marigold Bloomers has subdivided her plot, which is bonded for $50 000 000,00 to
ABC Building Society, into two subdivisions. The house, which is situated on the
Remaining Extent, is sold to “Squinteye” Cross for $100 000 000,00. One of the
subdivisions is donated to the Highfield Women’s League. The Building Society is
prepared to leave the Bond in operation over the other subdivision which the owner is
to retain for herself provided that she pays off an amount of $40 000 000,00 from the
purchase price she received for the Remaining Extent.

Draw the Following Documents:

(a) The Deed in respect of the subdivision over which the bond is now to operate.
[8]

(b) The Consents for signature by the said Building Society.

(c) The Power of Attorney accepting the donation.

(d) List all the documents for lodgment in the Deeds Office.
[4]
[25 marks]
Question 3

Phineas Maposa’s bond in favour of John Moneybags has been repaid in full. He sells
his property over which the said bond is registered to Lucy Graball. A fire in the
offices of John Moneybags destroys all the documents, including the Deed of Transfer
and Mortgage Bond in respect of the said property. John Moneybags agrees to grant
Lucy Graball a Bond over the property in question. The terms are inter alia, that the
capital and interest are to be repaid over a period of ten (10) years and are payable
monthly in arrear. The rate of interest is to be 42% per annum. Mrs. Graball is given
the right to repay the Bond in full at any time subject to three (3) months’ written
notice being given.

(a) Draw the application and declaration necessary to obtain the replacement of
the deed of transfer.

2
 [12]

(b) In the procedure for the application for the cancellation of the destroyed bond,
what would be the significant difference?
[1]

(c) Draw:-
i) the Acknowledgment Clause; [1]
ii) the Renunciation of exceptions clause; [1]
iii) the interest and repayment clause; [4]
iv) the ranking clause. [1]

(d) Explain fully the difference between a cession of a bond for security and a
d cession of a bond for value. Illustrate your answer with examples.
[5]
[25 marks]
Question 4

(a) Clever Makunzva has subdivided his property in accordance with the
provisions of the Regional, Town and Country Planning Act and the Land
Survey Act to create Lot 1 of Christville Estate. He has donated the remaining
extent to his child Tayana Makunzva aged seventeen months, and the property
is valued at the sum of $100 000 000,00 at the date of donation.

i) Draft the Deed of Transfer in favour of Tayana.

ii) Assuming there is no change in the law, can Tayana transfer the
remaining extent to Christine Winter fifteen years from now? Explain
your answer.
[2]

(b) 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]

(c) 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 17th 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 1st 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.

3
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)
[6]
[25 marks]

TOTAL MARKS [100]