Regulation 68 Suspension

ONE
February 19, 2019
The effective cause of a sale
March 6, 2019

On 14th February we notified you of the impending amendments to Deeds Registries regulations dealing with the procedure for applications for replacement copies of title deeds. These were to have become effective from 25th February. Today the Chief Registrar of Deeds has issued a circular to announce that the Deeds Registries Regulations Board (the Board) has decided to suspend the implementation of the amendments to regulation 68 of the Deeds Registries Act 47 of 1937.

The amendment to regulation 68(1) provided for the application and affidavit of property owners to request a copy to replace lost or destroyed title deeds to be signed in the presence of a notary public. This has been seen to be impractical and would cause hardship to the public because special arrangements would need to be made in most cases for the signing of these documents.

Furthermore, an advertisement regarding the intention of the property owner to apply for a copy to replace the lost or destroyed title deed would also have had to be placed in the Government Gazette affording affected parties two weeks to object. Since the Government Gazette is not widely read the Board have decided to amend this regulation to provide for publication in a newspaper circulating in the area in which the property is situated.

Due to the above considerations, the amendments to regulation 68 have been suspended until further notice.

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)