IS YOUR TITLE DEED LOST OR DESTROYED?

IS YOUR TITLE DEED LOST OR DESTROYED?

Where a title deed is lost or destroyed and a duplicate original is required, the registered holder must apply to the Registrar of Deeds by means of an application in terms of Regulations 68(1) of Act 47 of 1937 (as amended), accompanied by an affidavit, setting out the circumstances under which it was lost or destroyed.

The applicant must then publish a notification of intention to apply for such certified copy, in an issue of a newspaper circulating in the area in which the land is situated.

The application and the publication must lie open for inspection in the deeds registry for two weeks from the date of publication of the notice. If there is any objection, then it should be lodged in writing to the relevant Registrar of deeds within that 2 (two) week period.

The notarial bonds and lost mortgage bonds which are not to be cancelled will have to be dealt with in a similar manner.

It is for this reason that the Sellers should therefore urgently advise the Conveyancer, perhaps before the property is placed on the market for sale, where the title deeds are lost or damaged, in order for a duplicate original to be obtained so as to not delay the transfer process.

For more information on this topic or for any property related matter, please do not hesitate to contact Duvenage Attorneys and our team of conveyancers will gladly assist you.