what happens when a title deed goes missing

For the transfer of any property to register, or to register a mortgage bond over an already owned property, one must lodge the original title deed.

What do you do, if you have lost the original deed?

The following steps are required to replace it:

  1. The conveyancers need to initiate a Regulation 68 (1) application, colloquially known as a “VA” application which acronym stands for “Verlore Akte” (lost deed)
  2. The landowner must sign an affidavit under oath, stating that the deed has been misplaced and cannot be found despite a diligent search, and has not been pledged or used as security for a loan
  3. A notice of intention to apply for a copy must be published in a local newspaper circulating in the area of where the property is situated
  4. Following the newspaper publication, the application must be available at the relevant Deeds registry for public review for 2 weeks
  5. If no objections are filed within this period, the application is lodged with the Deeds Office
  6. The registrar will then issue a certified duplicate copy which will be stamped as a replacement. This will completely replace the original

If the original then should resurface, it is no longer valid.  The “VA” copy replaces the original.

This process takes around 3 weeks and can be handled simultaneously along with the transfer process.