A title deed is a very important document, as it serves as physical proof that the owner named therein owns the property.

Unfortunately, and more often than not, it happens that it gets lost, misplaced, damaged or destroyed, making it impossible to proceed with a transfer of the property which may come about as a result of:

1. The sale of the property to a prospective purchaser;
2. A provision in a Will of a deceased person, which leaves the property to a beneficiary(ies); or
3. A divorce settlement agreement or court order which states that the share of the one spouse is to be transferred to the other spouse.

Before transfer of a property takes place, the original title deed must be handed to the Conveyancer. If the property is still subject to a mortgage bond, the Bank will hold this title deed. If there is no bond, the Seller will be obliged to provide the title deed.

In circumstances where the title deed is not available, as a result of any of the above reasons, the Conveyancer must apply for a replacement copy (often termed a “VA Copy”) from the Deeds Office. The owner makes a written application to the Registrar of Deeds, requesting a Copy in terms of Regulation 68(1) of the Deeds Registries Act 47 of 1937. The application must be accompanied by an affidavit signed by the owner of the property as well as “Form JJJ” published under the Deeds Registries Act regulations.

Upon receipt of the application and affidavit, a notice must be published that the owner intends to apply for the copy. The notice must be published in the Government Gazette and in a newspaper circulating in the area where the property is situated. The owner of the property is responsible for the expenses related to the publishing of the notice in the Government Gazette, the newspaper, and the attorney’s costs in drafting the application and affidavit on behalf of the owner.

The intended copy must lie open for inspection at the Deeds Office for a period of two weeks. Should the registrar not receive any objections from the public or any interested party regarding the issuing of the copy, the registrar will issue the VA copy.

The issued VA copy will then become the title deed of the property and the transfer of the property may proceed.

In terms of Regulation 68, the above application may further be used when the original title deed is either destroyed, incomplete or unserviceable, for example, if a page/pages are missing, illegible, or torn.

Documents relating to properties are very important and thus need to be safely kept and protected from any harmful elements that may destroy the document or render it unserviceable.