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Deeds Registries Act Regulations Amended

November 4, 2019

Department of Agriculture, Land Reform and Rural Development

4 November 2019

Deeds Registries Act Regulations have been amended.

The agriculture, land reform and rural development department published the amendments in Government Gazette 42813.

The amendments were drawn up by the Deeds Registries Regulations Board.

A new sub-regulation (1) is inserted in Regulation 68.

It deals with the making of copies for a lost or destroyed deed, registered lease or sublease or registered cession thereof or any mortgage or notarial bond.

“Provided that where a Registrar is satisfied that any deed mentioned in this paragraph has been inadvertently lost, destroyed, defaced or damaged by him, it shall, notwithstanding the provisions of subregulation (2), be competent for him to issue a copy thereof free of charge and without the need to comply with subregulation (1E), upon submission of an application and affidavit by the relevant conveyancer or person contemplated in section 15A (2).”

New sub-regulations (1E) and (11) are also added.

(1E) stipulates that, prior to the issuing of a certified copy, deed, registered lease or sub-lease or registered cession thereof or any mortgage or notarial bond, a notification of intention to apply for a certified copy must be published in a newspaper.

Objections to the issuing of copies can be lodged with the relevant Registrar of Deeds within two weeks from the date of the publication of the notice.

Sub-regulation (11) focuses on the cancellation of the registration duplicate of a mortgage or notarial bond.

New forms JJJ on lost or destroyed deed and KKK on lost or destroyed bond are inserted.

The amendments come into effect two months from the date of publication.