It is a frequent occurrence that clients lose their title deeds, and that the transaction is then delayed due to the replacement that needs to take place.

Regulation 68 of the Deeds Registries Act was amended with effect from 1 January 2020, which has dire time consequences on property transactions.

Previously the client would sign an application to replace the title deed, which application was lodged with the Deeds office simultaneously with the transaction, and thus did not have a time effect on the transaction.

From 1 January 2020, however the following needs to be done in order to replace deeds, and this may lead to a delay of almost a month on your property transaction.

1.   The conveyancer must obtain a copy of the title deed from the Deeds office.  This can be done electronically .

2.    The Advertisement for replacement must be placed in a newspaper in the region where the property is situated, in the prescribed format.  Take note that certain newspapers only appear once a month, and has certain time frames to accept advertisements.  The frequency of the newspaper’s publication will have an influence on the time frame for this advertisement to be placed.

3.       The Registrar must be given a copy of the advertisement and copy of the title deed on the date of the advertisement, and will the application lie for inspection at the deeds office for a period of 14 DAYS.

4.   After the expiry of this period, the normal lodgement and examination process must be followed, accompanied by the proof of advertisement. Examiners must check for compliance with the time frame.

5.   The only exception at this stage will be where it can be proven that the deeds were lost whilst under the control of the Registrar of Deeds or where the damaged/defaced deed is produced to the Registrar for impoundment.  Then no advertisement will be needed.

It is of the utmost importance to tell your attorney that your title deed is lost as soon as possible.