I have lost my Title Deed - Now what??

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What to do when your Title Deed is lost or destroyed





Here’s what all property owners should know

Forgetting where you put your car keys is one thing. Forgetting where you filed the Title Deed to your house is something completely different.

Panic mode sets in.

But, don’t fear

All is not lost.

A process exists within the Deeds Registries Act, Act 47 of 1937, where a copy for registration purposes can be obtained in order to serve as a replacement. This is a Regulation 68(1) Affidavit and Application, more commonly known as VA.

How to Obtain a Copy of Your Title Deed

For this process, you will need to sign an affidavit in front of a Notary Public, a specialist Attorney with knowledge of specific acts and processes, and legally empowered to witness signatures officially. Most attorney firms, such as AED Attorneys, employ the services of a Notary Public.



This affidavit must state the following:

  • Details of the lost Deed;
  • How it came to be lost, damaged or misplaced;
  • That a thorough search for it has been done;
  • Assurance that no one has detained it as a security for a debt;
  • That, should the original be found at a later stage, it will be provided to the Registrar of Deeds;

Who May Apply For a Copy of the Missing Title Deed?

Only the owner/s of the property may apply for the certified copy. If there is more than one owner, then all signatures must be on the application document. Should the owner be deceased, as happens in many cases, only the Executor of the Estate who the Master of the High Court has appointed may make the application.

Once the process has been followed and completed, with no objections having been filed in the two weeks, the application for the issue of a certified copy can be lodged at the Deeds Office.

What is my advice to you?

If you are even considering selling, subdividing or re-bonding your property, make sure that you are in possession of the original Title Deed. If not (or you cannot find it), approach a conveyancer ASAP to make the necessary application as soon as possible (and preferably before closure of the deeds offices during that year).

When in doubt, get in touch and ask the questions you need to ask.



Sources:

Deeds Registries Act, Act 47 of 1937, Regulation 68(1) as amended.

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)




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