Let’s think of it like this: You have sold your property and after months of trying to sell your property, your buyer has successfully received their bond grant. The conveyancing attorney then contacts you and asks you for the original Title Deed for the property. Unfortunately, you have no idea where it is.
The Deeds Office has changed the prescribed procedure as a means to try and combat fraud.
The Deeds Office provides Regulations for sellers whose original Title Deeds are lost or destroyed. The conveyancer attending to the transfer of your property, will attend to a Regulation 68(1), in order for the Deeds Office to provide your conveyancer with a certified copy to replace the lost original deed. The procedure for the Regulation 68(1), is an application whereby the seller or sellers will sign an affidavit in front of a Commissioner of Oaths.
If the original deed for the bond is also lost, the bond holder will have to sign a consent confirming that the Title Deed is not in their possession and that there is no objection to a copy being issued.
Prior to a certified copy being issued by the Deeds Office, an advert has to be published in the local newspaper, circulating in the area where the property is situated, giving notice of the intention to apply for a certified copy. The advert has to lay open for inspection for a period of 2 weeks and during this time, any party that has an objection to the issuing of the certified copy, must file their notice of objection with the Registrar at the Deeds Office.
The following information must be included on your affidavit for the lost deed application:
- The details of the lost deed.
- It must state that it is not being detained by anyone as security for debt or otherwise.
- State the circumstances under which the deed was lost, if known.
- It must state that it has not been lost or destroyed.
- That it has not been pledged.
- It must state that a diligent search has been done; and
- Lastly, if a certified copy has been issued previously, it must be disclosed in the affidavit.
Once the notice has been published for the 2 weeks, with no objections being filed, the application for the issue of a certified copy of the Title Deed is lodged at the Deeds Office. The Deeds Office issues a copy from the records and an endorsement is placed on the copy, which states that it is a certified copy in terms of the Deeds Office Regulations and that it takes the place of the original. The issuing of the copy will also be noted at the Deeds Office as a “VA” copy on the data records.
