My name has changed – what happens to my property’s title deed?

Depending on the reason for a change in name, the Deeds Registries Act may prescribe that the Deeds Office records need to be updated through an endorsement against a property’s title deed to reflect this change.

Divorce Guidelines In & Out of Community of Property

It is not uncommon for a person’s name to change after a property has been registered in their former name. This may happen when an individual’s marital status changes, or for various personal reasons, and depending on the reason for the name change, a different process should be followed.

Registering a name change with the Deeds Office

Should an individual own property, and later undergo a name change due to a change in marital status, there is no legal obligation to endorse the title deeds of a property with the name change. This name change will be deemed to have been done by operation of law. Whenever the title deed is being dealt with after this name change, the new name will then be used/inserted. In other words, the parties can, if they so wish, apply to have the deeds amended to reflect the new name at date of marriage, but it isn’t required by law.

However, there are also various other reasons why a person may choose to change his or her name or surname. Should this happen after a property is purchased and registered in his or her former name, the change will need to be registered with the Deeds Office in the form of an application for an endorsement against the relevant title deed of the property, as set out in Section 93(1) of the Deeds Registries Act, 47 of 1937. This will also require prior advertisements in the Government Gazette.

The process to follow

In order to add an endorsement relating to the required name change against the title deed of a property, a conveyancer will need to be consulted.

The conveyancer will facilitate the process and attend to the necessary advertisements in the Government Gazette. He or she will also will draw up the necessary documents in terms of Section 93(1) of the Deeds Registries Act, and lodge these in the Deeds Registry. The Deeds Office will examine the lodged documents and will execute / register the endorsement if all is in good order.

While there are no significant repercussions involved for not endorsing a title deed with a name change, it will be necessary to do so should the person in question need to transact or deal with the property.

Follow Snymans on Facebook for more legal advice, information and news about property.

Recommended for you

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

The concept of control in the juristic world[post_view before=""]

Disputes or issues around decision making in a company very often involve the question of control – and it’s likely that the decision maker is the one who controls the company.

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

The importance of a signed OTP[post_view before=""]

The Alienation of Land Act (ALA) clearly states that the validity of an Offer to Purchase (OTP) depends on the contract for the sale of immovable property being in writing and signed by the concerned parties or their authorised representatives acting on their written instruction. And the importance of signatures on an agreement of sale has once again been highlighted by a recent decision handed down by the Gauteng Local Division of the High Court in Johannesburg.

Read More
Minors and immovable property
Legislative Guidelines

Court ruling: What if Occupation is Granted in an Agreement of Sale and the Seller Enters into a Second Agreement?[post_view before=""]

In the matter of Fulsome Properties (Pty) Ltd v Selepe and Others held recently at the High Court of South Africa, Gauteng Division, Pretoria, Fulsome Properties (Pty) Ltd (the applicant) requested an urgent interdict to restrain the first and second respondents (Fiona Gontse Selepe and Lentse Investments) from communicating and interfering in any manner whatsoever with the applicant’s tenant(s) residing at the property in question.

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

Court ruling: The Subdivision of Agricultural Land[post_view before=""]

In a recent decision of the Appellate Division in Bloemfontein, in the matter of Maxrae Estates (Pty) Ltd v Minister of Agriculture, Forestry and Fisheries and Another (407/2020) [2021] ZASCA 73 (9 June 2021), the court made it clear that the executive must apply its mind prior to making decisions or exercising its legislative discretion.

Read More
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

Need more Snymans content?

Sign up for our monthly newsletter.

My name has changed – what happens to my property’s title deed?

Depending on the reason for a change in name, the Deeds Registries Act may prescribe that the Deeds Office records need to be updated through an endorsement against a property’s title deed to reflect this change.

Divorce Guidelines In & Out of Community of Property

It is not uncommon for a person’s name to change after a property has been registered in their former name. This may happen when an individual’s marital status changes, or for various personal reasons, and depending on the reason for the name change, a different process should be followed.

Registering a name change with the Deeds Office

Should an individual own property, and later undergo a name change due to a change in marital status, there is no legal obligation to endorse the title deeds of a property with the name change. This name change will be deemed to have been done by operation of law. Whenever the title deed is being dealt with after this name change, the new name will then be used/inserted. In other words, the parties can, if they so wish, apply to have the deeds amended to reflect the new name at date of marriage, but it isn’t required by law.

However, there are also various other reasons why a person may choose to change his or her name or surname. Should this happen after a property is purchased and registered in his or her former name, the change will need to be registered with the Deeds Office in the form of an application for an endorsement against the relevant title deed of the property, as set out in Section 93(1) of the Deeds Registries Act, 47 of 1937. This will also require prior advertisements in the Government Gazette.

The process to follow

In order to add an endorsement relating to the required name change against the title deed of a property, a conveyancer will need to be consulted.

The conveyancer will facilitate the process and attend to the necessary advertisements in the Government Gazette. He or she will also will draw up the necessary documents in terms of Section 93(1) of the Deeds Registries Act, and lodge these in the Deeds Registry. The Deeds Office will examine the lodged documents and will execute / register the endorsement if all is in good order.

While there are no significant repercussions involved for not endorsing a title deed with a name change, it will be necessary to do so should the person in question need to transact or deal with the property.

Follow Snymans on Facebook for more legal advice, information and news about property.