Why are title deeds needed?
They are an official record of who owns the property.
If a buyer is interested in purchasing a property, the attorney checks the title deed to make sure the seller is entitled to sell the property.
Where is a title deed registered?
At the Deeds Office.
The Deeds Registration branch is an entity of the Department of Agriculture, Land Reform and Rural Development.
When is the title deed registered?
The deed is registered following the bond registration (if a bond is required) and transfer of property process. These usually take about three months from the approval of the home loan.
How long does title deed registration take?
The Deeds Office usually takes 2 — 3 weeks to process the documents.
However, this can fluctuate depending on the process. If things go smoothly it may be done in 7 — 8 working days, but if there is a bottleneck it can take as long as two months.
Who keeps the title deed?
Where the title deed is kept depends mainly on whether there is a bond on the property or not.
If there is a bond, the deed will be kept by the finance lender or bank, until the bond is paid off.
If there is no bond, or the bond has been paid off in full, the deed is held by the property owner.
How can I access the title deed?
In the case where the title deed is held by the lender or bank, photocopies of the deed can be requested at any time.
What happens in the case of “joint ownership”?
If the property is owned by more than one person then this will need to be included in the details.
Joint ownership usually occurs when a couple purchase a home together.
The title deed sets out how much of the property is owned by each person.
How to change a title deed in South Africa?
The owner may want to change the title deed if they wish to sell their rights to the property. For example, a co-owner of a property no longer wants to be listed as an owner in the title deed.
A lawyer will be needed to change the deed, and a fee will be charged for this service.
What does “property burdens” refer to?
Included in the title deed will be a list of “burdens”, or obligations to the property that need to be met. These burdens can cover a wide range but they will usually include:
- Repairs and maintenance to the property.
- Access and rights of way for the property.
- Any restriction on using the property to run a business.
- Information on restrictions on altering the property.
- Whether or not the owner holds right to any roads that cross the property.
