Lost Title Deed or Bond? Here’s What to Do
A lost title deed or bond can delay a transfer, but not your ownership. Here’s what the law requires.
Discovering that a title deed or original bond is missing can cause immediate panic especially when a property transfer or bond cancellation is ready to proceed.
It is important to note that the loss of a title deed does not mean lost ownership.
Our South African deeds registration system, governed by the Deeds Registries Act, provides a formal remedy under Regulation 68 to address such situations. However, the process is strict and must be properly followed before a transaction can proceed.
In conveyancing transactions, the original title deed or bond is required for transfer, cancellation or endorsement. Without it, the Deeds Office will not register the transaction unless the Regulation 68 procedure has been completed.
The Regulation 68 Process
If your original title deed or bond is lost or destroyed, the following steps are required:
1. Application and Affidavit
A written application must be lodged with the Registrar of Deeds. This must be accompanied by an affidavit by the registered owner (or bondholder) explaining how the document was lost or destroyed and confirming that it has not been pledged, ceded or unlawfully detained.
2. Advertisement in a Local Newspaper
Notice of the intention to apply for a certified copy must be published in a local newspaper circulating in the area where the property is situated.
3. Two-Week Inspection Period
After publication, a copy of the deed or bond lies open for inspection at the deeds registry for two weeks. During this time, any interested party may lodge an objection. Only once this period has expired, and provided no valid objection has been received, may the Registrar issue a certified copy.
Once the certified copy is issued, the property transfer or bond cancellation can be lodged in the Deeds Office, allowing the transaction to proceed. Owners should be aware that costs are payable for the application, advertising and issuance of the certified copy.
What This Means for Your Transaction
These requirements help prevent fraud and protect the integrity of the deeds system. While they safeguard ownership, they also increase the time and cost involved in property transactions.
Although a lost deed may delay your transaction, your ownership remains secure in the Deeds Registry. Regulation 68 simply provides a formal process to replace the missing document while safeguarding the deeds system.
If you are dealing with a lost title deed or bond, act promptly. Contact Snymans Inc for professional assistance to guide you efficiently through the Regulation 68 process and ensure your property transaction proceeds smoothly.
Written by: Maret Carroll
Moderated and approved by: Rohula Kgabu
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