Benaters | Boutique Law Firm in Johannesburg
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News & Insights

Incisive legal news and insights

Have you lost or misplaced your original title deed?

If so, it is about to get more expensive and time consuming to obtain replacement copies. The current procedure is to simply sign an affidavit before a commissioner of oaths (which can be done at our office) and we then lodge it at the Deeds Office.

The regulations of the Deeds Registries Act has been amended to introduce a new and more onerous procedure when applying for replacement copies of lost deeds.

This new procedure comes into effect on 25 February 2019.

If you cannot locate your original deed, which includes title deeds, mortgage bonds, notarial bonds, registered leases etc, then you will need to comply with the following procedure after 25 February 2019.

These are the new requirements:

  1. A notification of the intention to apply for such replacement copy must now be published in the Government Gazette;

  2. A copy of the deed must lie open for inspection at the Deeds Office for a period of 2 weeks after the date of publication, for possible objections; and

  3. The affidavit which accompanies the application for the replacement deed must now be attested by a Notary Public instead of a commissioner of oaths.

If you have lost your deed and would like to obtain a replacement copy now under the current regulations, which are simpler and more affordable, then please do get in contact with us.