DBM Attorneys: Selling your property but you’ve lost your title deed…

Question:

You have sold your property and the Conveyancer has requested the Original Title Deed from you. It is not held as security by any bank nor is it in your safe custody. What do you do?

Keshani Maharaj answers:

Once a mortgage bond is paid up, it is cancelled in the Deeds Office and the original Title Deed is given to the owner. The Title Deed is a vital document and losing it can cause severe complications.
The Title Deed’s loss at the time of a sale, may lead to unnecessary delays and additional expenses. Obtaining a certified copy thereof involves a time-consuming and costly process. Therefore it is essential to act quickly and consult your Conveyancer should you find yourself in this situation.

What are the steps to be followed?

• You must submit a written application as per Regulation 68(1) of the Deeds Registries Act.
• A notice of intention must be published in a local newspaper to inform the public about your application to obtain a new Title Deed.
• There must be an inspection period of two weeks for potential objections from parties affected by the issuance of a new Title Deed.
• If the property is still bonded, the bondholder’s consent must be secured.
• After complying with the above steps, lodgement at the Deeds Office is necessary.

The estimated cost to attend to obtaining a certified copy amounts to R6000.00

Maintaining a safe and secure storage system for important documents such as your Title Deed can prevent this challenging scenario.

Consult your Conveyancer today to avoid costs and delays in future.

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