We often encounter a situation where the owner of an immovable property is unable to locate the original title deed for their property. There is a process in our law that allows the Deeds Offices to issue a duplicate original title deed in a situation where the original title deed has been lost/destroyed/misplaced by the owner.
In the past we were able to simply lodge an application by the owner to say that the deed has been lost/destroyed/misplaced and this did not really cause any delays in a transfer process. Earlier this year the regulations in this regard were amended and the process is now more complex, takes longer and it is more expensive.
The process involves an application by the owner for a duplicate title deed to be issued which application needs to be advertised in a newspaper publication and the application needs to lie open for inspection (to allow interested parties to object) for at least two weeks before the Deeds Offices will issue a duplicate original title deed. As a result, it is a good idea to apply for a duplicate original title deed as soon as an owner becomes aware that the original has been lost/destroyed/misplaced.
If you have lost/destroyed/misplaced your original title deed, please feel free to contact us on esti@brandrobberts.co.za for assistance.
Written by Esti Lombard
