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.