The delays caused by missing title deeds and how to obtain a replacement

For every homeowner, a title deed is an important document evidencing your rights to your property. Yet, it is usually forgotten about until the property is sold – and you discover that your original deed is either nowhere to be found or damaged beyond repair. This is a relatively common situation faced by property owners, and the good news is that there are mechanisms in place to overcome this unwelcome hurdle that tends to present itself mid-sale.

Without your original deed, the Deeds Office will not pass the transfer of your property. Should your original deed be lost or destroyed, the registered owner of the property can apply to the Deeds Office to obtain a certified copy of the deed to serve in the place of the original. This is however not a simple matter of requesting a new copy, but requires compliance with a nuanced procedure.

The application must be accompanied by an affidavit deposed to by the owner confirming, among other things, that the deed is not held by anyone as security for a debt (such as a bank), and outlining the circumstances in which the loss or destruction took place. After receipt of the application and affidavit, the Registrar may request additional information that the applicant must provide. Further procedural requirements will arise where the property in question is mortgaged.

In addition, the applicant’s intention to apply for a certified copy of their lost deed must be published in a newspaper circulating the district in which the relevant property is located, drafted in the prescribed form, affording interested parties an opportunity to inspect the application and raise objections thereto. Only once the objection period of two weeks has lapsed without submissions, and the Registrar is satisfied that there is good reason to approve the application and issue a certified copy, will the transfer be able to proceed.

If your deed is not lost or destroyed, but is unserviceable (in other words, has missing pages, is laminated, illegible or otherwise not in a condition acceptable to the Deeds Office), the procedure is slightly different. In this case, an application accompanied by the unserviceable deed must be lodged, without the need for publication or the production of affidavits. It is accordingly important not to discard damaged deeds, as they form part of your bundle of documents when applying for a certified copy.

Lost or damaged deeds cause significant but avoidable delays in the transfer process. What should be a straightforward transaction becomes a far more involved administrative task that could have been resolved ahead of time. For this reason, homeowners planning on selling their properties should consider locating their original deed (and inspecting its condition) early on in the process. Should an issue be discovered, it is best to address it as soon as possible rather than waiting until the transfer is already underway.

At Shepstone & Wylie, our Property and Conveyancing team can alleviate the unnecessary stress of a delayed transfer by advising you on the appropriate procedure should you discover an issue with your title deed, and handle the process on your behalf with efficiency and attention to detail.