Lost Title Deeds: How They Affect Property Transfers

Losing a property’s title deed can cause major delays in the transfer process — and in some cases, halt it entirely. The title deed is an essential legal document proving ownership, and without it, a property cannot be transferred to a new owner.

If the original title deed has been lost or destroyed, the seller is responsible for obtaining a certified replacement, known as a “VA copy.” Here’s what homeowners need to know about the process and its impact on property transfers.

What Happens When a Title Deed Is Lost?

Under South African law, when a title deed is lost or destroyed, the owner must apply for a certified replacement copy (a VA copy) in accordance with the Regulations to the Deeds Registries Act of 1937.

This process involves several administrative steps to ensure the legitimacy of the replacement and to prevent fraud.

How to Apply for a VA Copy

The application process for a replacement title deed follows these key steps:

1. Affidavit

The property owner must submit an affidavit to the Registrar of Deeds, explaining how and when the title deed was lost or destroyed.

2. Newspaper Advertisement

The loss must be advertised in a local newspaper circulating in the area where the property is located. This allows any interested parties to come forward if they have objections.

3. Supporting Documents

The following must be submitted to the Registrar:

  • The application and affidavit

  • A copy of the lost title deed (if available)

  • Proof of the newspaper advertisement and the publication date

4. Inspection Period

Once submitted, the documents are made available at the Deeds Office for public inspection for two weeks, free of charge.

5. Objections

During this period, any person with an interest in the matter can file a written objection with the Registrar.

6. Final Lodgement

If no objections are received after the inspection period, the VA documents — together with the property transfer papers — can be formally lodged at the Deeds Office.

7. Issuance of VA Copy

If all is in order, the Registrar issues a certified replacement title deed, and the normal transfer process can continue.

Losing a title deed creates significant administrative delays. The process of verifying the loss, publishing notices, and allowing time for objections can extend the property transfer timeline by several weeks.

For this reason, it’s crucial for sellers to disclose upfront if they suspect their original title deed is missing. This transparency allows attorneys and conveyancers to begin the replacement process early — avoiding last-minute complications when the sale is ready to proceed.

Final Thoughts

While losing a title deed can be stressful, it’s a common issue that can be resolved through the proper legal channels. With the right legal guidance and early disclosure, the process can be managed efficiently to prevent unnecessary transfer delays.

If you’re preparing to sell your property and suspect your title deed has been misplaced, speak to your conveyancing attorney as soon as possible to start the VA copy application process.

Source:
JJR Inc. Attorneys
www.jjrinc.co.za