Check your property's Title Deed!
When selling your property, the transferring attorney needs your title deed for the transaction. If you cannot find your Title Deed, have your lawyer apply for a certified copy. All you need to do is attest to an affidavit, saying that a "diligent search" has failed to locate the title deed and confirm that is not pledged or held as security by anyone (refer to your bank or mortgage bond holder).
All being well, a few weeks and a reasonable legal fee later, the Deeds Office issues a certified copy of the Title Deed and the transfer can proceed.
What has thrown the cat among the pigeons is a recent change to the applicable regulations which will, from 25 February 2019 require that:
1. Your affidavit now has to be "attested by a Notary Public". A notary public is a specialized attorney who "notarizes" documents in a formal recording and certification process that carries more weight than would attach to a normal affidavit signed before a Commissioner of Oaths. This translates into extra costs and delays.
2. 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's more cost and a lot more delay.
In a property transfer time really is the essence. The last thing any of the parties want is delay or extra cost. So if you own a property and whether or not you have thoughts of selling in the future, this is a great time to confirm that you know where your original Title Deed is.
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