To replace a lost title deed will be more cumbersome and costly from 1 January 2020

Make sure the title deed of your property is filed in a safe and secure space. From 1 January 2020 it will be more cumbersome and costly to obtain a certified copy to replace any lost or destroyed title deed.

On the 1st of November 2019 an amendment to Regulation 68 of the Deeds Registries Act, Act 47/1937 was published in the Government Gazette (click here to access a copy of the relevant Government Notice).

The amendment has the effect that as of 1 January 2020 an application for any certified copies of any lost title deeds/bonds will first have to be advertised (in a local newspaper) and then lie for inspection for a period of 2 weeks at the office of the Registrar of Deeds. Only after such advertisement and inspection period, can such an application be lodged and registered in the Deeds Office. The new procedure will therefore have a time and cost implication.

If you are planning to sell or mortgage your property, make sure your original title deed is where you think you stored it safely. If you can’t find it, it may be at your Bank (if your property is already mortgaged) or with the attorney who last dealt with your property. Attend to this now to prevent a waste of time and costs after 1 January 2020.

© DotNews, 2005-2019. This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).

Conveyancing news: Is your title deed safely filed away?