Mc Naught & Co

Lost your Title Deed? Don’t delay!


Norell Myers LLB. – Associate


Your property has been sold and you eager to sign the Transfer documents, it is 2020 the year of plenty and all of a sudden it dawns on you that you cannot remember where you have left your Title Deeds. Through diligent search they cannot be located, what do you do now?

Do not panic, we at Mc Naught and Company Incorporated have it all figured out and have first-hand experience regarding the process to be followed at the Deeds Office regarding lost deeds.


On 1 November 2019, under Government Gazette number R. 1418 in Government Gazette No. 4281, the Department of Rural Development and Land Reform published further amendments to Regulation 68 which came into effect on 2 January 2020.


From the 2 January 2020 the new Regulation 68(1) process of obtaining a certified copy of  lost or destroyed title deed, conferring title to land, a registered lease or sub-lease or a mortgage notarial bond, requires the applicant to publish a prescribed notice in a newspaper that circulates within the area in which the property is situated, setting out the intention to apply for a certified copy.


A copy of the Notice and proof of Advert, either and original or photocopy, must be sent to the Deeds Registry where it is to lie for inspection for a period of two weeks.  All interested parties are free to inspect the notice during this time and if there are any objections to the issue of a certified copy this must be done in in writing.


If the Registrar of Deeds receives an objection, he will formally inform the applicant of receipt of such and a caveat will be noted to indicate that the application for a certified copy of the title in question is subject to an objection – Regulation 68(1E)(c). The application for a certified copy will not be proceeded with until written communication, from both the applicant and the objector, is lodged with the Registrar of Deeds confirming that the objection has been resolved and the application may proceed.

Thereafter, the notice and copy of the advert will be filed as supporting documents with the Regulation 68(1) Application and lodged at the Deeds Office.


It must be noted that the publication/advertisement process is not applicable where it is proven that the deeds were lost,destroyed,defaced or damaged whilst in the custody of the Registrar of Deeds or where the damages or defaced deed is produced to the Registrar of impoundment and it is also not applicable where applications are lodged in terms of Regulation 68(11) for the cancellation of lost bonds.




Whilst the new procedure inadvertently comes with additional costs, you can avoid delays by notifying your Transfer Attorney immediately once you have discovered that your deed is lost.


Contact us at Mc Naught and Company Incorporated for further information. Our dynamic and ambitious team have the expertise to ensure that our clients have a hassle- and stress-free experience, no matter how diverse or complex.

Share this article
Read our
most recent!
Wrongfulness and Legal Duty

Wrongfulness and Legal Duty

A recent judgment was passed in the Supreme Court of Appeal, the facts to the case itself are indeed interesting, especially for pet owners. The claimant in the matter, arranged with her friends for a weekend of leisure at the Harmony Park Resort, a day camp (the Day Camp) situated at Strand in the Western Cape. The Day Camp was a public facility under the control of the defendant, the City of Cape Town.

Read More
SA Divorces up by 20% since Lockdown Level 4

SA Divorces up by 20% since Lockdown Level 4

Courts around South Africa are battling a surprising divorce backlog. This is such a problem that a plan to fast-track annulments of more than 11 000 failed marriages in Limpopo alone has had to be devised. Limpopo is not the only province with a heavy load of divorce applications. The South Gauteng High Court heard 33 unopposed divorces last Friday.

Read More
Are Mothers’ rights more equal than Fathers’?

Are Mothers’ rights more equal than Fathers’?

Parental Responsibilities and Rights are under the spotlight today. The Children’s Act 38 of 2005 has attempted to focus our society and courts’ attention on the interests of the child which are paramount in any custody or contact dispute between parents.

Read More