LOST DEEDS AND THE JOHANNESBURG DEEDS OFFICE- POSSIBLE DELAYS
The Johannesburg Registrar of Deeds has decided that, as of 18 January 2010, the process followed in replacing lost and unserviceable title deeds will be changed.
Previously conveyancers would simply
request a copy for registration purposes, which the deeds office would
print and endorse off their system and could be obtained in about a
week. When it came to lodgement of the transfer or further bond in the
deeds office, a separate lodgement cover would be used for the
application (68(1) OR 68(8)) for a replacement and lodgement of such
replacement title deed (or VA) could all happen simultaneously.
The process now is that the conveyancer will have to submit the
application on it’s own prior to the transfer and/or bond registration,
it will be lodged, examined and go through the deeds office process,
with the deeds office inserting the copy and finally registered.
Thereafter it is scanned into the deeds office system and noted against
that property. Then, after scanning, it will have to be delivered back
to the conveyancer.
Once the conveyancer receives it back they can lodge such copy, as if
it were the Title deed in the normal lodgement covers without having
the extra application for their matter.
The deeds office has undertaken to expedite all such applications for
lost deeds through their process, however, if you are aware that your
title deed is missing or very badly damaged to the point of
illegibility, it would be wise to address it with the conveyancer
involved in your transaction as soon as possible.
Since implementation:
Many felt that this change would cause huge delays. After about a
month, in which we have a few case examples, we can confirm that the
deeds office does in fact expedite the matters quite well and the whole
lodgement to registration & delivery process is taking on average
about 8 days. Hopefully this continues and will thus not cause too many
problems in the time frames of transactions.
Clive Smith
Snymans Inc
