LOST YOUR DEED, DO NOT DELAY!!!
Norell Myers LLB. – Associate
Your property has been sold and you eager to sign the Transfer documents, it is 2020 the year of plenty and all of a sudden it dawns on you that you cannot remember where you have left your Title Deeds. Through diligent search they cannot be located, what do you do now?
Do not panic, we at Mc Naught and Company Incorporated have it all figured out and have first-hand experience regarding the process to be followed at the Deeds Office regarding lost deeds.
On 1 November 2019, under Government Gazette number R. 1418 in Government Gazette No. 4281, the Department of Rural Development and Land Reform published further amendments to Regulation 68 which came into effect on 2 January 2020.
From the 2 January 2020 the new Regulation 68(1) process of obtaining a certified copy of lost or destroyed title deed, conferring title to land, a registered lease or sub-lease or a mortgage notarial bond, requires the applicant to publish a prescribed notice in a newspaper that circulates within the area in which the property is situated, setting out the intention to apply for a certified copy.
A copy of the Notice and proof of Advert, either and original or photocopy, must be sent to the Deeds Registry where it is to lie for inspection for a period of two weeks. All interested parties are free to inspect the notice during this time and if there are any objections to the issue of a certified copy this must be done in in writing.
If the Registrar of Deeds receives an objection, he will formally inform the applicant of receipt of such and a caveat will be noted to indicate that the application for a certified copy of the title in question is subject to an objection – Regulation 68(1E)(c). The application for a certified copy will not be proceeded with until written communication, from both the applicant and the objector, is lodged with the Registrar of Deeds confirming that the objection has been resolved and the application may proceed.
Thereafter, the notice and copy of the advert will be filed as supporting documents with the Regulation 68(1) Application and lodged at the Deeds Office.
It must be noted that the publication/advertisement process is not applicable where it is proven that the deeds were lost,destroyed,defaced or damaged whilst in the custody of the Registrar of Deeds or where the damages or defaced deed is produced to the Registrar of impoundment and it is also not applicable where applications are lodged in terms of Regulation 68(11) for the cancellation of lost bonds.
Conclusion
Whilst the new procedure inadvertently comes with additional costs, you can avoid delays by notifying your Transfer Attorney immediately once you have discovered that your deed is lost.
Contact us at Mc Naught and Company Incorporated for further information. Our dynamic and ambitious team have the expertise to ensure that our clients have a hassle- and stress-free experience, no matter how diverse or complex.