Lost original title deeds and bonds

Should an original title deed or bond get lost, here’s the process that needs to be followed as per the latest amendments to Regulation 68 of the Deeds Registries Act 47/1937, published on 25 January 2019.

Property Blog Articles | Advice | Contractual Matters | Market News

Original title deeds and bonds may, for various reasons, get lost from time to time. This can, for example, be due to an owner losing his original title deed or a mortgage bank misplacing the title deed and/or bond held as security for their loan. In such instances, an application (and affidavit) can be made, to the relevant Deeds Office, for the issue of a “deeds office copy” or “lost copy” of the missing deed, in terms of Regulation 68 of the Deeds Registries Act 47/1937 (the Act). This “copy” would then become the (new) original deed once issued by the Registrar.

Certain amendment to Regulation 68 of the Act was published in the Government Gazette on Friday 25 January 2019. These amendments will come into force and effect 30 days from date of such publication.

These amendment stipulates that, in addition to the existing application process, an application (and affidavit) for a Deeds Office copy of a lost deed, in terms of Regulation 68 must now be attested by a notary public, published in the Government Gazette and lie for inspection in the Registrar’s office for a period of two weeks.

These new requirements may have an adverse effect on registration turnaround times in the case of deeds being lost. It will further create additional cost implications. The indication is that a Notary Public will be entitled to a fee of R 2,000.00 for such attestation. Further to this still there will be additional costs involved in GG advertisement.

It is therefore important to establish the whereabouts of the original deeds at the outset of the sale, or as soon as possible thereafter, so that proactive measures can be taken if need be.

Recommended for you

Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

SPLUMA certificates required for property transfers in Mpumalanga[post_view before=""]

SPLUMA stands for the Spatial Planning and Land Use Management Act, and SPLUMA certificates are governed by the act together with the by-laws of each local municipality.

Read More
My name has changed - what happens to my property’s title deed?
Legislative Guidelines

Trust investments and the Legal Practice Act[post_view before=""]

The Legal Practice Act, which has replaced the Attorneys Act, has made some changes regarding monies paid into attorney trust accounts and the investment of this money on a client’s instructions.

Read More
Historical monuments and renovation restrictions
Legislative Guidelines

Destruction of a sectional title scheme: precautionary steps to take[post_view before=""]

There are several reasons why a landowner or developer may decide to build a new development in the place of an existing sectional title scheme. For example, the existing scheme may be dated and no longer suited to the area. Or the demand for residential units may be very high but the old development is undesirable.

Read More
My name has changed - what happens to my property’s title deed?
Legislative Guidelines

21 facts you should know about the POPI Act[post_view before=""]

On 1 July 2021, the Protection Of Personal Information Act 4 of 2013 (POPI Act) comes into full force and effect. While the Act was signed into law on 19 November 2013, the majority of its sections were only implemented on 1 July 2020, with a one-year grace period. Now, with the remaining sections coming into effect on 30 June 2021, the Act becomes enforceable by the Regulator.

Read More
Minors and immovable property
Legislative Guidelines

Court ruling: Can you sell a property that’s not in your name?[post_view before=""]

The recent judgement in the matter of Tomlinson and Another v Tomlinson N.O and Others (11764/2015) [2021] ZAKZDHC 8 (19 March 2021) in the Kwazulu-Natal High Court, Durban has drawn attention to whether someone is able to sell a property if he or she is not the registered owner.

Read More

Need more Snymans content?

Sign up for our monthly newsletter.

Lost original title deeds and bonds

Should an original title deed or bond get lost, here’s the process that needs to be followed as per the latest amendments to Regulation 68 of the Deeds Registries Act 47/1937, published on 25 January 2019.

Property Blog Articles | Advice | Contractual Matters | Market News

Original title deeds and bonds may, for various reasons, get lost from time to time. This can, for example, be due to an owner losing his original title deed or a mortgage bank misplacing the title deed and/or bond held as security for their loan. In such instances, an application (and affidavit) can be made, to the relevant Deeds Office, for the issue of a “deeds office copy” or “lost copy” of the missing deed, in terms of Regulation 68 of the Deeds Registries Act 47/1937 (the Act). This “copy” would then become the (new) original deed once issued by the Registrar.

Certain amendment to Regulation 68 of the Act was published in the Government Gazette on Friday 25 January 2019. These amendments will come into force and effect 30 days from date of such publication.

These amendment stipulates that, in addition to the existing application process, an application (and affidavit) for a Deeds Office copy of a lost deed, in terms of Regulation 68 must now be attested by a notary public, published in the Government Gazette and lie for inspection in the Registrar’s office for a period of two weeks.

These new requirements may have an adverse effect on registration turnaround times in the case of deeds being lost. It will further create additional cost implications. The indication is that a Notary Public will be entitled to a fee of R 2,000.00 for such attestation. Further to this still there will be additional costs involved in GG advertisement.

It is therefore important to establish the whereabouts of the original deeds at the outset of the sale, or as soon as possible thereafter, so that proactive measures can be taken if need be.