Proof of ownership
For every property there is a Title Deed and Surveyor General Plan, indicating the parameters of the property and what the size of a property is. This Surveyor General Plan is linked to a title deed’s property description, to indicate exactly what the property looks like on plan.
- The Title Deed is proof of ownership.
Once a property is registered (created) in the Deeds Office, in accordance with the provisions of the Deeds Registries Act, No. 47 of 1937, as amended, the Surveyor General’s approved plan is filed with the Deeds Office as stays there. The original title deed however is issued and, in most cases, provided to the new owner or the bond holder (if the new owner purchased the property using financing).
All registered and issued by the Deeds Office are microfilmed and captured electronically, prior to delivery of the Title Deed to the new owner, for information purposes.
Needless to say, the original title deed of a property, confirming proof of ownership, is a very important document. This document should be kept in a safe place.
Do I need the original title deed when selling the property? YES
For the Deeds Office to effect registration of transfer or any other registrations or endorsements, the Deeds Office will only accept original documentation to work with to proceed.
Where can I find the original title deed of the property?
- If your property is bonded, the original title deed will be with the financial institution that holds the mortgage bond over the property.
You’ll be able to obtain a copy of the document from them, yet they will keep the original Title Deed until they are assured that the loan they made to you to purchase the property, will be settled on transfer date.
The Financial Institution will only accept a guarantee as proof that the outstanding loan will be settled on transfer of the property to a new owner. If you are not selling the property, the Financial Institution will only provide you with the original Title Deed of the property, if you settle the full outstanding amount due in terms of the loan. Beware of the penalty fee for settling your bond earlier.
- If you bought your property cash and there is no bond registered over the property, the original title deed should be in your possession.
The attorneys who attended to the transfer of the property into your name will have received your original title deed from the Deeds Office, to provide same to you. If you cannot locate your title deed, first start with the attorneys who transferred the property into your name. They should have the document in their files if you have not collected it from them.
Where can I obtain of a copy of the title deed?
Copies of all registration documents (including Title Deeds) should be available electronically on most internet search programs that are linked to the Registrar of Deeds.
Some of the documents that are too old, will only be available at the Deeds Office that registered the document for you and you will have to contact said office directly.
If you are not close to the said Deeds Office, then you can appoint any attorney in close proximity to attend the Deeds Office on your behalf to obtain a copy of the document in question. It’s not that expensive. Most firms will charge between R600 to R1000 for their services in this regard.
What if the original title deed is lost?
If the original document is lost, it can be replaced or re-issued by the Deeds Office. It is a complicated process that can take up to 4-5 moths’ time, depending on how old the document is and when and at which Deeds Office it was last used.
You will have to obtain the services of a notary or conveyancing attorney to assist in this regard. Paperwork must be drafted and advertisements in the local newspaper also have to be placed.
What are the costs in replacing the original title deed that is lost?
The costs and fees to have the document replaced is approximately R8000 – R10 000, depending on the attorney in question.
Disclaimer: Although I am an attorney by profession, I am not YOUR attorney. This article is for informational and educational purposes only, does not constitute legal advice and does not establish any kind of attorney-client relationship with me. I am not liable or responsible for any damages resulting from or related to your use of this information.