Previously the process of replacing a lost title deed was fairly straight forward, but with the amendments to the Deeds Registries Act Regulations 68(1) and 68(11) the process has become much more complicated.
From the 25th of February 2019 the notarially attested application for replacement of a lost title deed will first have to be published in the Government Gazette where after it will have to lie for inspection at the Deeds Registry for a period of two weeks. The inspection period will allow interested parties to object to the issue of a replacement Title Deed.
If an objection was received the Deeds Office will not issue a replacement Title Deed. Currently, the question is still unanswered regarding the steps a party will have to take after the objection was lodged but most probably a court order declaring the validity or not of an objection will have to be obtained.
The costs for the application will besides the legal fees and Deeds Office Fees include the advertising costs and additional fees payable to the notary. More importantly, any court application is an expensive exercise and can be misused by anyone with a grudge against the application lodging an objection and the applicant will have no other option but to take legal steps.
If no objections were received by the Deeds Registry a replacement deed may be issued and the process to register the replacement will proceed.
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. Errors and omissions excepted (E&OE)