NEW REGULATIONS FOR LOST TITLE DEED

Without your ORIGINAL title deed, you are unable to sell or mortgage your property. A lost or misplaced title deed will mean that you’ll need to make an application for the certified copy thereof to be issued by the Deeds Office. A certified copy (certified by anyone other than the Deeds Office) will not be acceptable.

The procedure to be followed for the application for the deeds office certified copy of title deeds has been significantly changed from 25 February 2019 in terms of the new Regulation 68(1) procedure. The new application must be signed in front of a Notary Public and must be published in the Government Gazette where after it must lie for inspection at the Deeds Registry for two weeks after the date of publication.

There are extra costs involved in having documents notarised and placing an advertisement in the
Government Gazette. The biggest cost, however, lies in the fact that the seller’s sale or the registration of a further mortgage bond taken out will be delayed should the problem be uncovered too close to the expected date of transfer.

We are currently waiting for a directive from the Chief Registrar to get more clarity on the practical
arrangements, but it is important to establish the whereabouts of the title deed when you commence with the marketing process.

Please remember that the title deed will be with the bank if the property is bonded so do not panic if you don’t have your title deed for a bonded property. The bank holds it as part of their security and if the bank has misplaced it this will only become known to the conveyancer at an advanced stage of the transfer process.

How to proceed with this whether you are the seller, purchaser or agent in respect of a property: confirm the whereabouts of the title deed of the property.

Should you require assistance with the application for a copy issued by the Deeds Office or if your client is unsure as to whether their document is with the bank, please contact us to assist you at info@randles.co.za

BY: RANDLES ATTORNEYS

6 replies
  1. Vass
    Vass says:

    I have freed my mortgage on property but did not request for cancellation of bond. Now I have requested because I am in the process of selling, the bank cannot find my deed for months now. What should I do as this is holding my transfer, the bank has lost my deed. Do I write to the bank requesting loss of deed and for them to apply at their own cost?

    Reply
    • Randles
      Randles says:

      Good Day,

      Thank you for your enquiry on our article!

      Please note that our articles are for information purposes only and do not establish a client relationship nor constitute legal advice.

      In order to ensure that you receive tailored advice in response to your query, please contact us at info@randles.co.za to make an appointment with one of our legal practitioners who will assist further.

      Kind Regards,
      The Randles Team

      Reply
  2. Shanell
    Shanell says:

    Hi..I need a copy of the title deed of our home after my uncle passed on we don’t know where the title deed is. How do I get a copy of it ?

    Reply
    • Randles
      Randles says:

      Good Day,

      Thank you for your enquiry on our article!

      Please note that our articles are for information purposes only and do not establish a client relationship nor constitute legal advice.

      In order to ensure that you receive tailored advice in response to your query, please contact us at info@randles.co.za to make an appointment with one of our legal practitioners who will assist further.

      Kind Regards,
      The Randles Team

      Reply
  3. Sithembila Edward ndakeni
    Sithembila Edward ndakeni says:

    Hi my mother buy a RDP house in 2019 she bought from the sister of the owner because the owner he was passing away more than 2 years ago so how we gonna change the name to my mother’s name or anyone of our family member please help me

    Reply
    • Randles
      Randles says:

      Good Day,

      Thank you for your enquiry on our article!

      Please note that our articles are for information purposes only and do not establish a client relationship nor constitute legal advice.

      In order to ensure that you receive tailored advice in response to your query, please contact us at info@randles.co.za to make an appointment with one of our legal practitioners who will assist further.

      Kind Regards,
      The Randles Team

      Reply

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