Memorandum ANO 410 Individual Assignment (2021) PDF

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Prepared by me_ CONVEYANCER W J JANSEN VAN RENSBURGDEED OF TRANSFERBE IT HEREBY MADE KNOWN THATWILLEM JACOBUS JANSEN VAN RENSBURGappeared before me, REGISTRAR OF DEEDS at PRETORIA, he the said Appearer being duly authorised thereto by a Power of Attorney signed at Pretoria on 15 February 2001 and gr...

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Prepared by me

_ CONVEYANCER W J JANSEN VAN RENSBURG

DEED OF TRANSFER BE IT HEREBY MADE KNOWN THAT WILLEM JACOBUS JANSEN VAN RENSBURG appeared before me, REGISTRAR OF DEEDS at PRETORIA, he the said Appearer being duly authorised thereto by a Power of Attorney signed at Pretoria on 15 February 2001 and granted to him by

THOMAS IGNATIUS MARAIS Identity Number 740809 5116 08 1 Unmarried GhostConvey 13.6.2.14

Page 2

And the Appearer declared that his principal had truly and legally sold on 5 February 2001 the below mentioned property, and that he, in his capacity as aforesaid, did, by virtue of these presents cede and transfer in full and free property to and behalf of:

PIETER MARTIN BEKKER Identity Number 830527 5036 085 Unmarried

his Heirs, Executors, Administrators or Assigns, in full and free property ERF 777 MORELETAPARK TOWNSHIP EXTENSION 007 REGISTRATION DIVISION JR PROVINCE OF GAUTENG IN EXTENT 750 (SEVEN HUNDRED AND FIFTY) SQUARE METRES

FIRST TRANSFERRED and still held by by Deed of Transfer Number T126877/1998 with General Plan LG 18982 relating thereto

SUBJECT TO THE FOLLOWING CONDITIONS:

GhostConvey 13.6.2.14

Page 3

GhostConvey 13.6.2.14

Page 4

AND SUBJECT FURTHER to such conditions as are mentioned or referred to in the aforesaid Deed.

WHEREFORE the Appearer, renouncing all right and title which the said

THOMAS IGNATIUS MARAIS Identity Number 740809 5116 08 1 Unmarried

heretofore had to the premises, did in consequence also acknowledge them to be entirely dispossessed of, and disentitled to the same, and that by virtue of these presents, the said

PIETER MARTIN BEKKER Identity Number 830527 5036 085 Unmarried

his Heirs, Executors, Administrators or Assigns, now are and henceforth shall be entitled thereto, conformably to local custom, the State, however reserving its rights, and finally acknowledging the purchase price of the property to be the sum of R270 000,00 (TWO HUNDRED AND SEVENTY THOUSAND RAND).

GhostConvey 13.6.2.14

Page 5

IN WITNESS WHEREOF, I the said Registrar, together with the Appearer q.q., have subscribed to these presents and have caused the Seal of Office to be affixed thereto.

THUS DONE AND EXECUTED at the Office of the REGISTRAR OF DEEDS at Pretoria on

q.q. In my presence

REGISTRAR OF DEED

Lexis® Convey 17.2.4.8

007 Bond & Associates Attorneys, Notaries & Conveyancers 007 Aston Martin Drive Sandton 0391

Prepared by me

CONVEYANCER TIM BOND

POWER OF ATTORNEY TO PASS TRANSFER I, the undersigned PIETER MARTIN BEKKER Identity Number 830527 8036 08 5 Married out of community of property do hereby nominate, constitute, and appoint TIM BOND and/or JAMES BOND with power of substitution to be my true and lawful Attorney/s and Agent/s of the Transferor to appear before the REGISTRAR OF DEEDS at PRETORIA and there to declare that I did on 24 January 2021 sell to MARTIN ANTHONY CHRISTIAN Identity Number 841028 5095 08 4 and NATASJA CHRISTIAN Identity Number 860814 0174 08 4 Married to one another in community of property

for the sum of R1 380 000.00 (One Million Three Hundred and Eighty Thousand Rand) the below mentioned property, namely ERF 777 MORELETAPARK TOWNSHIP EXTENSION 007 REGISTRATION DIVISION JR PROVINCE OF GAUTENG MEASURING 750 (SEVEN HUNDRED AND FIFTY) SQUARE METERS HELD BY Deed of Transfer Number T27077/2001

Lexis® Convey 17.2.4.8

and further cede and transfer the said property in full and free property to the said Transferee; to renounce all right, title and interest which PIETER MARTIN BEKKER heretofore had in and to the said property, to promise to free and warrant the said property and also to clear the same from all encumbrances and hypothecations according to law, to draw, sign and pass the necessary acts and deeds, or other instruments and documents; and generally, for effecting the purposes aforesaid, to do or cause to be done whatsoever shall be requisite, as fully and effectually, to all intents and purposes, as the Transferor might or could do if personally present and acting therein; hereby ratifying, allowing and confirming all and whatsoever the said Agent/s shall lawfully do or cause to be done in the premises by virtue of these presents. Signed at PRETORIA on 01 March 2021 in the presence of the undersigned witnesses.

AS WITNESSES: 1.

Dean Shiller

PM BEKKER PIETER MARTIN BEKKER

2.

Eden Goldenberg

Common mistakes made by students:

1.

Firm details and lodgement number not indicated in top, left hand corner.

2.

Spelling errors in names of the transferor and transferee – e.g. the transferor’s first name is “Pieter” not “Peter”, the one transferee’s first name is “Natasja” not “Natasha”, no maiden surname for Natasja Christian etc.

3.

Preparation clause not signed (or printed) by yourself as transfer attorney as clearly instructed in para (b) on p12 of the study guide.

4.

Full names of conveyancer (yourself) not stated but only initials.

5.

Incorrect description of transferor. Many students did not, for example, use the correct identity numbers of the parties as set out in the relevant identity documents posted on ClickUP.

Lexis® Convey 17.2.4.8

6.

No alternative conveyancer nominated to appear before the Registrar of Deeds as clearly instructed in para (b) on p13 of the study guide.

7.

Incorrect description of transferees. Many students, for example, omitted the “and” between the first and second transferees.

8.

Incorrect purchase price.

9.

Incorrect date of sale agreement.

10.

Incorrect property description.

11.

Incorrect title deed number – many students indicated that the property was held under deed of transfer number T126877/1998, which refers to the previous title deed number.

12.

Not signed (or printed) by two witnesses as clearly instructed in para (b) on p13 of the study guide.

13.

Place or date when power of attorney was signed, not indicated as clearly instructed in para (b) on p13 of the study guide.

NB! Any of the above errors will result in a rejection at the Deeds Office and students were therefore severely penalised for each one of these errors.

Lexis® Convey 17.2.4.8

Customer Care: 0860 123 FICA Website: www.ficabank.co.za 01 February 2020

FICA Bank

Payment receipt Beneficiary name CITY OF TSHWANE METROPOLITAN MUNICIPALITY Beneficiary reference Active account 5004550810 Municipal Reference Number 70002010 Your reference 0020 BEKKER/CHRISTIANS EMA-111-21(B) Payment date 01 February 2021 Payment made from: Account number: 01 334 791 8 Account type and holder: Trust Account for James Bond & Associates Amount R 1, 339.52

The FICA Bank of South Africa Limited (Reg. No. 1996/08/01/15. Authorised financial services provider. VAT Reg No. 410011 Registered credit provider (NCRCP15). We subscribe to the Code of Banking Practice of the Banking Association South Africa and, for unresolved disputes, support resolution through the Ombudsman for Banking Services.

Common mistakes made by students: 1.

No clear indication that the clearance figures were paid from your trust account – (not from the seller or the purchaser!), as clearly instructed in para (c) on p13 of the study guide.

2.

No clear indication that the clearance figures were paid to Tshwane Municipality as clearly instructed in para (c) on p13 of the study guide .

3.

The incorrect amount of the clearance figures – (this amount must not be rounded off!), as clearly instructed in para (c) on p13 of the study guide.

4.

Clearance certificate not submitted at all.

NB!

Any of the above errors will result in a rejection at the Deeds Office and students were therefore severely penalised for each one of these errors.

Transfer Duty Calculation: Value of the property = R1 380 000 Date of the deed of sale = 24 January 2021 so we use the rates applicable on or after 1 March 2020 = R11 250 + (0.06 x R5 000) = R11 250 + R300 = R11 550

Therefore the total transfer duty payable on

ERF 777 Moreletapark is R11 550

Prepared by me

______________________ CONVEYANCER TIM BOND

FIRST HALVE OF PAGE LEFT BLANK

DEED OF TRANSFER BE IT HEREBY MADE KNOWN THAT TIM BOND appeared before me, REGISTRAR OF DEEDS at PRETORIA, he the said Appearer being duly authorised thereto by a Power of Attorney signed at Pretoria on 01 March 2021 (this must be the same date as contained on the power of attorney) and granted to him by PIETER MARTIN BEKKER Identity Number 830527 8036 08 5 Married out of community of property

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And the Appearer declared that his principal had truly and legally sold on 24 January 2021 the below mentioned property, and that he, in her capacity as aforesaid, did, by virtue of these presents cede and transfer in full and free property to and behalf of:

MARTIN ANTHONY CHRISTIAN Identity Number 841028 5095 08 4 and NATASJA CHRISTIAN Identity Number 860814 0174 08 4 Married to one another in community of property

their Heirs, Executors, Administrators or Assigns, in full and free property

ERF 777 MORELETAPARK TOWNSHIP EXTENSION 007 REGISTRATION DIVISION JR PROVINCE OF GAUTENG

IN EXTENT 750 (SEVEN HUNDRED AND FIFTY) SQUARE METRES

FIRST TRANSFERRED by Deed of Transfer Number T126877/1998 with General Plan LG 18982 relating thereto and held by deed of transfer T27077/2001.

SUBJECT TO THE FOLLOWING CONDITIONS: Mineral rights condition completely left out.

A.

GhostConvey 13.6.2.14

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B.

GhostConvey 13.6.2.14

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AND SUBJECT FURTHER to such conditions as are mentioned or referred to in the aforesaid Deed.

WHEREFORE the Appearer, renouncing all right and title which the said PIETER MARTIN BEKKER Identity Number 830527 8036 08 5 Married out of community of property

heretofore had to the premises, did in consequence also acknowledge them to be entirely dispossessed of, and disentitled to the same, and that by virtue of these presents, the said

MARTIN ANTHONY CHRISTIAN Identity Number 841028 5095 08 4 and NATASJA CHRISTIAN Identity Number 860814 0174 08 4 Married to one another in community of property

their Heirs, Executors, Administrators or Assigns, now are and henceforth shall be entitled thereto, conformably to local custom, the State, however reserving its rights, and finally acknowledging the purchase price of the property to be the sum of R1 380 000.00 (ONE MILLION THREE HUNDRED AND EIGHTY THOUSAND RAND).

GhostConvey 13.6.2.14

Page 5

IN WITNESS WHEREOF, I the said Registrar, together with the Appearer have subscribed to these presents and have caused the Seal of Office to be affixed thereto.

THUS DONE AND EXECUTED at the Office of the REGISTRAR OF DEEDS at Pretoria on _____/_______/__20____. No date

No signature _____________________________________

qq. In my presence

No signature ______________________________________

REGISTRAR OF DEEDS

Students lost a substantial number of marks for errors which will result in a rejection at the Deeds Office. Students lost fewer marks for errors which will not result in a rejection at the Deeds Office.

Common mistakes made by students:

1.

First halve of page not left blank.

2.

Spelling errors in names of the transferor and transferee – e.g. the transferor’s first name is “Pieter” not “Peter”, the one transferee’s first name is “Natasja” not “Natasha”, no maiden surname for Natasja Christian etc.

3.

Preparation clause not signed (or printed) by yourself as transfer attorney as clearly instructed in para (e) on p14 of the study guide.

4.

Full names of conveyancer (yourself) not stated but only initials.

5.

Incorrect description of transferor. Many students did not, for example, use the correct identity numbers of the parties as set out in the relevant identity documents posted on ClickUP.

6.

Date indicated when power of attorney was signed not the same as the date set out in the power of attorney itself.

7.

Incorrect description of transferees. Many students, for example, omitted the “and” between the first and second transferees.

8.

Incorrect purchase price.

9.

Incorrect date of sale agreement.

10.

Incorrect property description.

11.

Incorrect extending clause – many students inserted the same extending clause as set out in the existing title deed instead of using the formula for a subsequent transfer as clearly instructed in the discussion on the analysis of a deed of transfer in Lecture 5 (Narrated PowerPoint Presentation 6).

12.

Mineral rights condition not left out as clearly instructed in para (e) on p14 of the study guide.

13.

Signature of conveyancer (“qq”), date of deed of transfer and signature of Registrar of Deeds not left blank as clearly instructed in the discussion on the analysis of a deed of transfer in Lecture 5 (Narrated PowerPoint Presentation 6).

NB! Any of the above errors will result in a rejection at the Deeds Office and students were therefore severely penalised for each one of these errors.

Date: 1 March 2021 P 1 of 1 Account number: 018456 OUR VAT REG. NO: 4055667890

Bond & Associates TEL: 011 394 2342 FAX: 011 394 2343 Our Ref: EMA 111 21(B)

E-MAIL [email protected]

ACCOUNT TO: MARTIN ANTHONY CHRISTIAN AND NATASJA CHRISTIAN

RE:

TRANSFER OF ERF 777 MORELETAPARK

Item Date 1. 2.

Description Professional fees Postage and petties

Fees R22 800.00 R1 000.00

Disbursements

3.

Transfer Duty

R11 550.00

4.

Deeds office registration fee

R1 283.00

VAT R3 420.00 R150.00

5. BANK DETAILS: TRUST ACCOUNT FOR BOND & ASSOCIATES

Subtotals

R23 800.00 R12 833.00

R3 570.00

BANK: FICA BANK BRANCH CODE:

2002 ACCOUNT NUMBER:

01 334 791 8 Total payable

R40 203.00

Common mistakes made by students: 1.

Previous deeds office levy inserted instead of the new amended deeds office levy as set out in the Government Gazette notice posted on ClickUP.

2.

Relevant amounts not inserted under the correct columns.

3.

Incorrect amount of transfer duty indicated or indication that VAT is payable on the amount of transfer duty.

4.

Incorrect overall total amount indicated or overall total amount payable not indicated. Any of the above errors are serious in nature and students were therefore severely penalised for each one of these errors.

Reg number: 2838/239492/20 007 Aston Martin Drive Sandton, 2146 Email: [email protected]

Our ref: EMA-111-21(B)

PO Box 0391, Sandton, 2146 Tel (+27)11 394 2342 Fax: (+27)11 394 2343 Lodgement number: 007

Your ref: C Pickles

03 March 2021 Camillas Inc PO Box 6006 Hatfield 0075 PER REGISTERED POST ATT C Pickles Dear Madam TRANSFER: PM BEKKER/M A CHRISTIAN & N CHRISTIAN ERF 777 MORELETA PARK EXT 007 We refer the above matter and kindly request the following guarantees: 1. A guarantee in favour of FICA Bank for an amount of R878 041-18 plus interest on the amount of R878 041-18 at a rate of 10,00% calculated from March 15, 2021 up to the date of payment, both days included, payable at Pretoria to the credit of Pieter Martin Bekker, account number 7000 007 365 620. 2. A guarantee in favour of Bond & Associates for the amount of R363 958-82 minus interest on the amount of R878 041-18 at 10,00% calculated from March 15, 2021 up to the date of payment, both days included, payable at Pretoria FICA Bank, account number 01 334 791 8. Managing Partners: James Bond (BCom LLB LLM (UP)) || Tim Bond (BA LLB LLM (UP))

Yours faithfully,

Tim Bond Bond & Associates

Students lost a substantial number of marks for any errors highlighted in red.

Managing Partners: James Bond (BCom LLB LLM (UP)) || Tim Bond (BA LLB LLM (UP))

Students lost a substantial number of marks for any errors marked in red.

QUESTION FIVE REGULATION 68 (not Section 68) of the Deeds Registries Act is used in an application for the replacement of a lost title deed as it sets out the legal position pertaining to a situation where there is a lost title deed. Accordingly, Regulation 68(1) of the Deeds Registries Act provides that: “If any deed conferring title to land or any interest therein or any real right, or any registered lease or sub-lease or registered cession thereof or any mortgage or notarial bond, is lost or destroyed and a copy is required for any purpose other than one of those mentioned in either of the last two preceding regulations, the registered holder thereof or his duly authorized agent may make written application for such copy, which application shall be accompanied by an affidavit describing the deed and stating that it has not been pledged and it is not being detained by any one as security for debt or otherwise, but that it has been actually lost or destroyed and cannot be found through diligent search has been made therefor, and further setting forth where possible the circumstances under which it was lost or destroyed: Provided that where a Registrar is satisfied that any deed mentioned in this paragraph has been inadvertently lost, destroyed, defaced or damaged by him, it shall be competent for him to issue a copy thereof gratis”

Therefore by referring to Regulation 68(1) of the Deeds Registries Act: the registered bond holder (or his agent) who lost the original title deed must lodge a Regulation 68(1) application for the replacement of a lost tittle deed in order for such holder to obtain a certified copy of the tittle deed. This application must be accompanied by an affidavit that describes the deed, and states that it has not been pledged and it is not being detained as security for debt or otherwise. The affidavit should also state the circumstances under which the deed was lost and further indicate that the deed has actually been lost as it could not be found after conducting a thorough diligent search. After this, the Registrar should be satisfied that the deed has been inadvertently lost then only will it be competent for him to issue a copy of the deed. Furthermore, Regulation 68(2) of the Deeds Registries Act states that: “If the circumstances of the loss or destruction are not stated, or if they are stated and the Registrar is of opinion that further evidence is necessary, either from the applicant himself or some other person in whose custody the deed, lease or sub-lease or registered cession

thereof, or bond may have been before the loss or destruction thereof, to establish such loss or destruction, he shal...