A title deed is the most important legal document relating to immovable property. It serves as proof of ownership and includes details of important rights and conditions which pertain to the property. Although many title deeds are now put into an electronic format in the Deeds Registry system, the original physical title deed still needs to be presented when a property is bonded or transferred. Unfortunately, title deeds get lost, mislaid or damaged.

In terms of Regulation 68(1) of the Deeds Registries Act, if any deed conferring title to land, registered lease or sub-lease, registered cession or any mortgage or notarial bond is lost or destroyed, the registered holder can make an application for a duplicate original from the Registrar of Deeds.

The process is as follows:

1. The application must be supported by an affidavit containing the following information:

• A clear and accurate description of the lost or destroyed title deed, and if available, a copy should be attached;
• A declaration confirming that the title deed has not been pledged, and it has been lost and cannot be located despite diligent search.

2. Place a notice in a newspaper circulating in the administrative district of the property for a period of two weeks. Objections must be submitted to the relevant Deeds Office. If no objections are made, then the duplicate original can be issued.

Once all the requirements set out in Regulation 68 (1) have been complied with, the matter may be lodged in the Deeds Registry.

Who Pays for the Replacement?

If the owner misplaced or accidentally destroyed the title deed while it was in his possession, the owner is generally responsible for all costs associated with obtaining the replacement, including Deeds Office fees, costs of publishing the notice, conveyancer’s fees and disbursements.

In the instance where the original title deed is lost by a financial institution, whilst held as security for a mortgage bond, the financial institution assumes the responsibility of appointing an attorney to act on their behalf and attend to the necessary application. The cost applicable to the application will be paid by the financial institution.

Conclusion

The replacement of a lost title deed involves strict legal requirements and compliance with the Deeds Registries Act and Regulations. An incorrectly prepared application may result in delays or rejection by the Deeds Office.

At KEBD Inc, our conveyancing team assists clients with every step of the process, from placing the notice, preparing the necessary affidavit and supporting documentation for lodgement of the application with the Deeds Registry and obtaining the certified replacement deed. 

By Kgomotso Bridget Sebothoma (Candidate Legal Practitioner) | Conveyancing Department