Conveyancing Principles and Practice Flashcards

Flashcards covering conveyancing principles, Deeds Registry Act regulations, Transfer Duty Act provisions, Certificates of Registered Title, and Mortgage Bonds based on University of Botswana lecture notes.

Which historical law forms the basis of Botswana's Deeds Registry Act?

Botswana's law is based on the South African (1937) Deeds Registry Act.

Where was the first deeds registry located before one was established in Botswana?

The first deeds registry was in Mafikeng, Cape Colony.

Where are the two deeds registries in Botswana located, and what boundary separates their districts?

They are located in Gaborone and Francistown (Gabz and Ghetto), with Dibete acting as the border between the two districts.

What was a 'Plakaat' in historical conveyancing law?

A Plakaat was a law required to determine if legal requirements were complied with during the buying and selling of land, executed before a judge.

Within what period must transactions between individuals be registered in the deeds registry?

Transactions between individuals must be registered within $2\text{ months}$ of the transaction.

What is the primary difference between a negative deeds registry system and a positive system?

A negative system registers deeds without guaranteeing value or absolute title, whereas a positive system registers title under full government control without disputing the identity of the land owner.

Which deeds registry system does Botswana follow?

Botswana follows the negative deeds registry system.

Under what personal condition can a Registrar of Deeds be sued individually?

A Registrar can be sued in their personal capacity if they acted mala fide (in bad faith).

According to Section 60(1) of the Deeds Registry Act, when can personal rights be registered?

Section 60(1) prohibits the registration of personal rights unless they affect land and can be enforced against the whole world.

What margin measurement is required on both sides of a deed document under Regulation 41?

A margin of $37\,mm$ is required on both sides to allow for binding.

Why must deeds be typed in black ink rather than blue ink?

Deeds must be typed in black ink because blue ink fades away over time.

According to Regulation 43, what effect do un-initialed alterations or cancellations have on a deed?

Un-initialed alterations or cancellations are sufficient cause for the deed to be rejected.

What requirement does Regulation 5 set for the upper half of the first page of a deed of transfer?

The upper half of the first page must be left blank for the purpose of placing stamps.

What is the purpose of a 'catch word' at the bottom corner of a page in a deed document?

It ensures that the top of the subsequent page reflects the same word for continuity.

How does Regulation 10 require two or more pieces of land owned by the same person to be handled?

They must be dealt with separately in the deed of transfer.

What authorization is required for a minor to transfer immovable property?

A minor cannot transfer property without the consent of the Master of the High Court as the upper guardian.

Under the Transfer Duty Act, after what duration does a penalty begin to accrue on unpaid transfer duty?

A penalty accrues after the first $6\text{ months}$ following the date of sale.

According to Section 6 of the Transfer Duty Act, when does the running of a transfer duty penalty cease?

The penalty stops running from the day the transfer documents are submitted.

According to Section 14 of the Transfer Duty Act, how is transfer duty calculated?

Transfer duty is calculated on the value of the property from the valuation report, not on the purchase price.

What general value threshold determines when transfer duty becomes payable?

Transfer duty is generally payable on property values above $1.3\text{ million}$.

Which section of the Deeds Registry Act governs the sequence of transfers?

Section 15(1)(a) of the Deeds Registry Act.

What does Section 32 of the Deeds Registry Act permit regarding an undivided share in land?

It allows a co-owner to obtain a separate Certificate of Registered Title (CRT) for their undivided share (e.g. $1/10\text{th}$) to sell or mortgage it separately.

What is 'aggregation of undivided shares' under Section 33 of the Deeds Registry Act?

It is the process of consolidating multiple undivided shares held by one person into a single Certificate of Aggregation.

What restriction does Section 34 place on unaggregating undivided shares?

The last undivided share cannot be removed from the Certificate of Aggregation, as it must remain as the remaining extent.

What requirement must land meet under Section 38 of the Deeds Registry Act in order to be consolidated?

The pieces of land must be contiguous (touching each other) and held by the same owner under separate title deeds.

What were the three forms of property security under Roman law discussed in the lecture?

1. Fiducial (creditor retains ownership until repaid), 2. Pignus (creditor retains possession until repaid), and 3. Hypotheca (borrower retains ownership and possession until repayment or default).

What does Section 48(5) of the Deeds Registry Act prohibit regarding mortgage creditors?

It prohibits having two or more creditors using the same property for different causes of debt under a single bond.

What is the function of a 'Pari Passu' clause in a mortgage bond?

It is used by creditors to ensure they share equal ranking and interest in the property during execution.

What is a Collateral Mortgage Bond?

An additional bond passed by the same debtor to the same creditor for the same debt, bringing additional security over another property over and above the principal bond.

What is an Indemnity Bond in conveyancing practice?

A bond drafted by the principal debtor as security in favor of a surety to protect the surety against loss if the principal debtor defaults and the surety's property is attached.