The property transfer process can be delayed—or even halted—by unforeseen issues, such as the loss or destruction of the original title deed. Where an original deed has been lost, the seller will be responsible for the costs involved in obtaining a replacement deed.
What Happens When a Title Deed Is Lost?
When a title deed is lost or destroyed, the owner must apply for a certified replacement copy—known as a “VA copy”—in terms of the Regulations to the Deeds Registries Act of 1937.
Application Process for a VA Copy:
- Affidavit: The owner must submit an affidavit to the Registrar of Deeds, explaining the circumstances under which the title deed was lost or destroyed.
- Newspaper Advertisement: The application must be advertised in a newspaper circulating in the area where the property is located.
- Supporting Documents: The following must be submitted to the Registrar:
– The application and affidavit
– A copy of the lost title deed (if available)
– Proof of the newspaper advertisement and the publication date - Inspection Period: These documents are made available at the Deeds Office for public inspection for two weeks, at no additional cost.
- Objections: Any affected person can file a written objection with the Registrar within this two-week period.
- Final Lodgement: After the inspection period, if no objections are received, the VA documents along with the transfer documents can be lodged at the Deeds Office.
- Issuance of VA Copy: If the Registrar has no queries, a certified replacement title deed is issued, and the normal transfer process can continue.
Losing a title deed can cause significant delays and additional administrative steps and it is important for sellers to disclose upfront if they suspect that their original deed has been lost.
