Losing the title deed of your property can be an unfortunate situation. However, there are ways around recovering the lost documentation.
If the original title deed is lost or destroyed, the conveyancer, on behalf of the registered holder of the deed, may lodge an application to the registrar of deeds to obtain a certified copy of the deed.
The applicant for a certified copy needs to make a written application accompanied by an affidavit deposed to by the registered holder or any other person in whose custody the deed may have been before the loss or destruction which affidavit must contain the following:
- Description of the deed
- Statement that the deed has not been pledged and is not being detained by anyone as security of debt or otherwise
- Statement that the title deed is lost or has been destroyed and can’t be found after a thorough search
- Description of the circumstances under which the deed was lost or destroyed;
- And that should the original title deed be found, that the Registrar of Deeds will be provided with the title deed.
Where there is a mortgage bond registered over the property and the mortgagee (the bank) is not in possession of the deed, the consent of the mortgagee is needed in addition to the affidavit. The mortgagee must make a statement in writing confirming that the deed is not in his/her possession and that he/she consents to the issuing of a certified copy.
Once a certified copy is issued, the original deed if found becomes null and void and the certified copy replaces the original deed.
