News & Updates

DO YOU KNOW WHERE YOUR TITLE DEED IS?

Jun 6, 2022

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It is critical to the transfer of your property.

To answer this question, ask yourself. “Do I have a bond over my property?”

If the answer is YES, (even if the loan amount has been paid up) then the bank will have your Title Deed. However, if you purchased your property in cash or have previously cancelled your bond then you should know the location of your original Title Deed… Go and look NOW.

TOP TIPS

  • Your Title Deed will most likely be headed “Deed of Transfer”
  • Touch Test – An original will have a raised “embossing” stamp on the last page of the document

If you can’t find it or have doubts about its originality, please contact us ASAP as the procedure for obtaining a replacement original Title Deed has changed. As of 2020 there is a new procedure which is far more lengthy and onerous than before.

Your Title Deed is an essential document required by the Deeds Office for various registration acts. Not having your original Title Deed can result in costly delays – and time is money!

New steps required to obtain replacement original Title Deed

  1. Conveyancer to draft application and property owner to sign on affidavit
  2. Request copy of Title Deed from Deeds Office duly stamped for endorsement
  3. Draft notice of intention to apply for a replacement original Title Deed
  4. Send the notice of intention, Title Deed copy and application to the Registrar of Deeds
  5. Publish the notice of intention in a newspaper circulating in the same area as the property
  6. Title Deed and application to lie open for inspection at the Deeds Office for 2 weeks from the publication date
  7. If no objection is received while open for inspection, lodge application for registration

Contact us for more information:

Frank Holland: +27 82 340 3049  –  frank@fha.law.za
Kirsty Payne: +27 84 626 5913  –  kirsty@fha.law.za
Jennifer Nicholson: +27 21 790 6006  –  jennifer@fha.law.za