The Office of the Chief Registrar of Deeds, Department of Rural Development and Land Reform embarked on a realignment process to change the demarcation of deeds registries’ areas of jurisdictions to provincial boundaries as established in the Constitution.

Their objective is to ensure that citizens of South Africa enjoy increased access to deeds services without travelling long distances to obtain deeds services and that each deeds registry services the province in which it was located. Linda Page, the Chief Director Strategic Communications at the Department of Rural Development and Land Reform said: “The situation in Gauteng is different as it has two offices, and therefore the department had to rationalise according to municipal boundaries, the metros in particular, to ensure that deeds services are as close as possible to citizens.”

The Pretoria Attorneys Association challenged this realignment process, stating that this will result in the Johannesburg Deeds Office becoming the main deeds office and that consequently there will be job losses and negative financial impacts. They further stated that Pretoria based conveyancing firms receiving instructions from Johannesburg firms will have to close down or retrench its staff. The Pretoria Attorneys Association briefed legal counsel to defend the proposed realignment process by the Office of the Chief Registrar of Deeds.

The Office of the Chief Registrar of Deeds held a meeting with all stakeholders on 4 December 2017. During this meeting it was decided and confirmed that all deeds of properties falling under Ekurhuleni Metropolitan Municipality and City of Johannesburg Metropolitan Municipality will have to be lodged in the Johannesburg Deeds office effective 1 April 2018.

The practical implication is that should your property be situated in Midrand, it falls under the City of Johannesburg Metropolitan Municipality, but currently the property registration will be lodged and registered in the Pretoria Deeds Office. After 1 April 2018 the property registration will then have to be lodged and registered in the Johannesburg Deeds Office.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.