“What happens if you want to sell your property and you can’t find your title deed? Well, don’t panic, because you can have your lawyer apply for a certified copy of the title deed. All you need to do is attest to an affidavit and say that a “diligent search” was conducted but the document still hasn’t been found and confirm that it isn’t pledged or held by anyone.

However, according to recent communication received from the Chief Registrar of Deeds, applying for a certified copy of the title deed is not going to be as simple and cost-effective in future. Recent changes to the applicable regulations were suggested and entailed that:

• your affidavit must be attested by a notary public; and
• your application must be advertised in the Government Gazette, and for 2 weeks after publication, must lie open for inspection by the public at the Deeds Registry.

The implementation of these proposed amendments was suspended on 19 February 2019, but we expect definite changes to take place soon, which will cause the procedure to be more expensive and time consuming.

 If you own property, and whether or not you have thoughts of selling in the near future, confirm that you know where your original title deed is or ask your lawyer for help.

•  If you are buying property, forward this to the seller or estate agent with a request that they confirm possession of the title deed or act to replace it immediately.
•  If you are an agent, do the same – forward this to everyone with a property on your books.