Importance of a title deed

When it comes to property ownership, the Title Deed is the legal evidence that you truly own a property. However, if you borrowed money in the form of a home loan, you will not be presented with this important document until you have paid the debt in full. In this case, it can be legally held in custody by the home loan financier, who, in simple terms, bought the home in your name and therefore has a vested interest in the property.

This does not mean you are not entitled to a copy, regardless of the fact that the home loan is still active. This can be obtained directly from one of the 11 Deeds offices in the country, each of which is responsible for a jurisdiction: Cape Town, Pretoria, Johannesburg, Pietermaritzburg, Limpopo, Bloemfontein, King Williams Town, Kimberley, Vryburg, Mpumalanga and Umtata.

There is also an online option via www.deedsoffice.online, which can respond to searches of properties across the country, taking the hassle out of standing in queues. The online cost of a property search is around R180, but if you have relevant information, you can go straight to requesting a Title Deed copy, which is delivered to your email address at a (current) cost of R525. This service also allows you to check the progress of a single property transfer, but in theory, your conveyancer should keep you informed of the transfer status.

Generally, it takes around 2-3 weeks for the Deeds Office to process a property transfer, but if there are no challenges, it can be as quick as 10-17 working days. However, where there are challenges or documentation presented is incomplete, this process can be anything up to two months.

If the title deed is lost

If you lose a title deed, it does not mean that you lose your rights over a property, but should you want to sell or a legal dispute arises which requires proof of your ownership, the delay in obtaining a certified copy could put you in an uncomfortable position.

Note that deeds registries do not keep original title deeds once they have been issued to an owner. It is absolutely vital, therefore, that the title deed be stored somewhere secure, even against fire. If it is lost or destroyed, a replacement copy can only be obtained by engaging the services of a practising conveyancer who will prepare and lodge an application for a replacement. Of course, that comes at a cost on top of the fee for the copy.

Even before an application can be lodged for a copy, there are procedures to follow, such as proof that the applicant has published a notice to apply for a certified copy in a newspaper active in the jurisdiction where the property is located. Two weeks must pass since the publication date, allowing time for any interested party to object.

Another requirement is the signing of an affidavit in front of a Notary Public. This affidavit provides as many details of the contents of the deed as possible such as the full name/s and identity number/s of the owner, and/or their date/s of birth, the erf number and township, or if sectional title, the section and the scheme name. Other information required on the affidavit includes: how the title deed came to be lost or destroyed; confirmation that a thorough search has been actioned; assurance that it has not been provided to another party as security for a debt; and that should the original be found, it will be given to the Registrar of Deeds. Only then may the application for a certified copy be lodged.

If there is more than one owner on a property, all are required to sign the application for a certified copy. However, if one is deceased, only the Executor of the Estate, who the Master of the High Court has appointed, is allowed to make the application.

Once the application is successful, the copy issued will clearly indicate that it is not an original but is ‘certified to be a true copy’ of the registry. The Deeds Office keeps notice that the original is missing and that it has issued a copy.

Title deeds and subsidised housing

Owners of subsidised houses, such as RDP housing, are also entitled to title deeds. However, there is a current backlog of some one-million properties, with an estimated value of R242-billion in assets, which really should be in the hands of their owners. Government has, however, recently announced that it is fast-tracking the release of those title deeds “as an important instrument of economic empowerment”, said Minister of Human Settlements, Mmamoloko Kubayi.

Another aspect undergoing change that will allow for the issuing of title deeds is the upgrading of Informal settlements with the introduction of services such as water, power and sanitation. Last year the government was able to create 24 671 stands through this process, which are eligible for the issuance of title deeds.

Writer : Kerry Dimmer