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Here's a more detailed breakdown of the full procedure when a title deed is lost in South Africa:
Here's a more detailed breakdown of the full procedure when a title deed is lost in South Africa:
1. Drafting a Sworn Affidavit
The property owner must draft a sworn affidavit explaining:
How the title deed was lost or destroyed. That the deed is not being unlawfully withheld by another party. That no rights to the property have been ceded or transferred. That the owner is still legally entitled to the property.
This affidavit must be signed before a Commissioner of Oaths (e.g., at a police station, law firm, or post office).
2. Appointing a Conveyancer
Only a registered conveyancer can lodge the application at the Deeds Office. The owner needs to:
Appoint a conveyancer (property attorney). Provide the affidavit and any other necessary documentation.
The conveyancer will:
Verify ownership via the Deeds Registry. Prepare a formal application in terms of Regulation 68 of the Deeds Registries Act.
There are two relevant types of applications:
Regulation 68(1): Used when the original title deed is lost or destroyed. Requires publication of a notice in the Government Gazette. Regulation 68(11): Used when the deed is damaged or contains errors and needs to be replaced (but is still available). No Gazette notice is needed. 3. Publishing in the Government Gazette (68(1) only)
If the application is under Regulation 68(1):
A notice must be published in the Government Gazette, stating that a copy of the title deed will be issued after two weeks, unless objections are received. This allows any third party (e.g., someone who may claim rights to the property) to object.
4. Lodging the Application at the Deeds Office
After the Gazette notice period ends (and if no objections are received), the conveyancer lodges:
The original sworn affidavit Application form Proof of publication in the Gazette Any other supporting documents
The Deeds Office will review the application.
5. Issuance of a Certified Copy
If the application is approved, the Deeds Office will issue a certified copy of the original title deed. This copy will serve as the new official title deed for all legal purposes (e.g., selling or transferring the property).
6. Costs and Timeframes Timeframe: 4 to 8 weeks (depending on how fast the Gazette publishes the notice and Deeds Office processing speed).
Costs:
Conveyancer's professional fee (varies, often R2,500–R5,000+).
Gazette publication fee (±R400–R700). Deeds Office administrative fee (nominal).
Why This Matters
The title deed is your proof of legal ownership.
Without it, you cannot:
Transfer the property
Use it as security for a loan
Prove your ownership in legal disputes
So replacing it is essential if lost or damaged.
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