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Process to recover lost title deeds to change from 24 Feb

To replace a lost title deed is at present a fairly simple process with the owner of a property of which the title deed is lost, signing an affidavit prepared by a conveyancer to apply for a replacement copy.

On 24 February this year a new process will come into operation which will make it much harder to replace a lost title deed. This is how it will work from then onwards:

  • The application to replace a title deed will have to be published in the Government Gazette.
  • Then the application will have to lie for inspection at the Deeds Registry for two weeks to allow for any objections to the replacement of the title deed.
  • If after two weeks, no objections had been lodged, the replacement for the title deed may be issued.
  • Similar steps must be followed if a mortgage bond has been lost.

It is expected that the new process will add significant delays to the usual waiting period to have a replacement for a title deed issued.

Legal experts therefore advise estate agents who received a mandate to market a property, to make sure early on that the owner has the original title deed available.

Source: STBB Smith Tabata Buchanan Boyes

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