New procedures with effect from 1 October 2003



Up to now it has been relatively easy to obtain a certified copy of the title deed where the original was lost by either the owner of the property or the financial institution. With effect from 1 October 2003, certain new procedures have been introduced when applying for a certified copy of a lost title deed to serve instead of the original. Before applying for a certified copy from the Deeds Office, a notification of such intention shall be published in two consecutive issues of a newspaper circulating in the area in which the property is situated. Proof of these advertisements must then be submitted to the Deeds Office together with the application for the certified copy. The same procedure as above applies when a mortgage bond was lost by the financial institution. In this case, the financial institution should in two consecutive issues of a newspaper circulating in the area where the property is situated advertise its intention to cancel the bond In both instances where either the original title deed or the bond has been lost, all persons having objection to the issue of a certified copy are required to lodge their objection with the Registrar of Deeds within three weeks after the date of first publication of the notice. This means that the application for the certified copy may only be lodged three weeks after publication. The effect of this is that in practice where a title deed is lost a period in excess of three weeks should be allowed for the submission of the application to the Deeds Office. This may well, in some cases, result in the transfer date being delayed, and clients should be advised accordingly. It would therefore be essential to establish from the client the whereabouts of the title deeds to the property as early as possible to avoid unnecessary delays. Furthermore the cost of advertising is going to effectively double the present cost of obtaining a certified copy. Information supplied by Attorneys Herold Gie & Broadhead