{"id":719,"date":"2019-02-01T14:02:30","date_gmt":"2019-02-01T12:02:30","guid":{"rendered":"https:\/\/www.matthewsenslin.com\/?p=719"},"modified":"2021-07-28T13:15:33","modified_gmt":"2021-07-28T11:15:33","slug":"property-owners-buyers-and-agents-check-for-the-title-deeds-before-25-february","status":"publish","type":"post","link":"https:\/\/www.matthewsenslin.com\/property-owners-buyers-and-agents-check-for-the-title-deeds-before-25-february\/","title":{"rendered":"Property owners, buyers and agents: Check for the title deeds before 25 February!"},"content":{"rendered":"

You sell your house\/apartment\/office\/factory\/ plot of land. You instruct your conveyancer to pass transfer to the buyer, and start dreaming of what you will do with the proceeds.<\/p>\n

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But then your lawyer says: \u201cHang on, you didn\u2019t give me the property\u2019s original title deed and I need it before I can pass transfer \u2013 where is it?\u201d<\/p>\n

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Panic! You can\u2019t find it. The bank doesn\u2019t have it (bondholder normally insist on keeping the title deeds of properties bonded to them as a security measure, at least until the loan is repaid in full and the bond cancelled). You didn\u2019t leave it with your lawyer for safekeeping (perhaps you should have). You search high and low both at home and in the office, to no avail. Your spouse has a vague memory that you may have left it with Uncle Festus to lock away in his vault, but Uncle F dies 10 years ago and his house and all his worldly goods are long gone. Or perhaps it was stored in your holiday home and went up in smoke (literally) in that bush fire in 93? Panic!<\/p>\n

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Relax. There is \u2013 for a short while anyway \u2013 a quick and cost effective remedy. Have your lawyer apply for a certified copy of the Title Deed. All you need to do is attest to an affidavit, say that a \u201cdiligent search\u201d has failed to locate the title deed, and confirm that it isn\u2019t pledged or held as security by anyone.<\/p>\n

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All being well, a few weeks and a reasonable legal fee later, the Deeds Office issued a certified copy of the title deed and the transfer proceeds.<\/p>\n

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Act now, before it all changes <\/em><\/strong><\/p>\n

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What has thrown the cat amongst the pigeons is a recent change to the application Regulations which will, from 25 February, require that \u2013<\/p>\n

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  1. Your affidavit now has to be attested by a notary public. A Notary Public is a specialized attorney who \u201cnotarises\u201d documents in a formal recording and certification process that carried more weight than would attach to a normal affidavit signed before a Commissioner of Oaths. That translates into extra cost and delay.<\/li>\n<\/ol>\n

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    1. Your application must now be advertised in the Government Gazette, and for 2 weeks after publication must lie open for inspection by the public at the Deeds Registry. Again, that\u2019s more cost. And a lot more delay.<\/li>\n<\/ol>\n

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      Owners, buyers and agents: Your urgent action plan <\/em><\/strong><\/p>\n

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      In a property transfer, time really is of the essence. The last thing any of the parties wants is delay, or extra cost. So here\u2019s what you should do right now<\/u> \u2013<\/p>\n

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