Ricochet News

New process for lost title deeds - what does it all mean?

By Bardine Hall (BA LIB) - Goldberg & de Villiers - Mar 7, 2019
New process for lost title deeds -  what does it all mean?

What is all the talk about a new process to replace lost or damaged copies of title deeds or bonds?

Title deeds are often misplaced or lost. It is an important document as the original title deed is required in order to deal with the property. When you register a bond over your property or sell your property the Deeds Office will require the original title deed. Regulation 68(1) of the Deeds Registries Act makes provision for the issuing of a certified copy of the original title deed.

Recently there have been a lot of talk and articles about the costly and burdensome new process proposed by the Deed Office to apply for a certified copy of the original title deed.

Fortunately reason prevailed and the Chief Registrar found that the new proposed process will be impractical and that it may cause undue hardship to the public.

I lost the title deed of my home - what now?

If you are the registered owner of a property you may apply to the Registrar of deeds to obtain a certified copy of your title deed.

Your application must be in writing and must contain an affidavit setting out the following:

  • the title deed number;
  • a statement that the deed has not been pledged and is not being detained by anyone as security of debt or otherwise;
  • a statement that it is actually lost or destroyed and cannot be found after a diligent search;
  • a description of the circumstances under which the deed was lost or destroyed; and
  • an undertaking that should the original title deed be found, the Registrar of Deeds will be provided with the title deed.

If a bond is registered over you property and the bank is not in possession of the deed, the consent of the bank will be needed in addition to the affidavit.

The Registrar of Deeds will issue a certified copy of your title deed once he/she is satisfied that the deed in question has been lost and that no good reason to the contrary exists.

Once a certified copy is issued, the original deed, if found becomes null and void and the certified copy replaces the original deed.

To avoid this process and delays in your property transfers and transactions, keep you title deed in a safe place.

For assistance in matters relating to your property matters, contact Bardine Hall of Goldberg and De Villier’s Inc.

Call 041 501 9800 today or visit www.goldbergdevilliers.co.za