In order for a property to be transferred, an original Title Deed must be provided to the Conveyancer who is attending to the transfer.  This Title Deed will be lodged, together with the other transfer documents, in the Deeds Office for the registration process.

If the property is bonded, the original Title Deed will be in the bank’s possession.  If the property is not bonded, it should be in the owner’s possession.

It sometimes happens that an original Title Deed becomes lost, misplaced, damaged, or destroyed.  If this happens, the owner of the property will have to apply for a certified copy of the Title Deed from the respective Deeds Office, under whose jurisdiction the property is registered. 

To minimise fraud, a new procedure was implemented by the Deeds Office in 2020 for the issue of certified copies of lost, misplaced, damaged, or destroyed Title Deeds.

The Conveyancer applies for this certified copy of the Title Deed on behalf of the client as part of the transfer process. This certified copy of the Title Deed is referred to as a ‘VA’ copy and replaces the original Title Deed.

The Conveyancer will prepare the following documents for signature by the owner/s of the property:

• An Application in terms of Regulation 68(1) of the Deeds Registries Act 47 of 1937, requesting that a certified copy of the Title Deed be issued.

This application must include an Affidavit that confirms the following information:

• Details of the lost Title Deed;
• Details of how the document became lost, misplaced, damaged, or destroyed;
• Confirmation that a thorough and diligent search has been carried out for the original document;
• Confirmation that the original Title Deed has not been pledged nor is it being held by any other person as security; and
• That, should the original Title Deed be found at a later stage, it will be handed in at the Deeds Office.
• Form JJJ – a Notice of Intention to apply for a certified copy of the Title Deed in terms of Regulation 68(1) of the Deeds Registries Act 47 of 1937.

Before the application in terms of Regulation 68(1) can be lodged in the Deeds Office, the Conveyancer is required to place an advertisement in a local newspaper, circulating in the area where the property is situated, to state that the owner of the property intends to apply for a certified copy of the Title Deed. 

After publication of the advertisement, the Conveyancer must provide the relevant Deeds Office with a copy of the publication which appeared in the local newspaper as well as a copy of the Form JJJ Notice. The Conveyancer is obliged to wait a prescribed period of 2 (two) weeks before lodging the application, so as to afford any member of the public or an interested party (for example any creditor/s) an opportunity to raise an objection to the certified copy of the Title Deed being issued.

Should the Deeds Office not receive any objections to a certified copy of the Title Deed being issued, the Conveyancer can proceed. The Deeds Office will, after the application has been registered and finalised in the Deeds Office, release the certified copy of the Title Deed to the Conveyancer and this copy then effectively takes the place of the original Title Deed.

The involvement of a Conveyancer in the application process may provide some relief, but it also introduces additional costs and dependencies on legal professionals.  The obligation to publish a notice in a local newspaper, followed by a mandatory waiting period, can delay the transfer process.  It is therefore of great importance that an original Title Deed be kept in a safe place in order to avoid having to go through this process. 

However, the comprehensive and cautious approach outlined in the process ensures that despite the loss or damage of the original Title Deed, a secure and legitimate replacement can be obtained, allowing for the seamless continuation of property transactions.

If a Title Deed is lost, misplaced, damaged or destroyed, this process can be attended to prior to the sale of the property, providing peace of mind that it has already been taken care of and the Title Deed is in place and secure.