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Regulations to Deeds Registries Act Amended

January 28, 2019

Department of Rural Development and Land Reform

Deeds Registries Act regulations have been amended.

The rural development and land reform department published the amendments in Government Gazette 42186.

The amendments were drafted by the Deeds Registries Regulations Board.

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

It stipulates that if a title deed, registered lease or mortgage bond is lost or destroyed and a copy is required, a registered holder or agent can apply in writing for a copy.

An affidavit must accompany the application.

If a Registrar is satisfied that a deed has been inadvertently lost, destroyed, defaced or damaged, a copy will be issued free of charge.

A new sub-regulation (1E) is also added stipulating that before any certified copy of a title deed, registered lease or mortgage bond is issued, applicants must publish a notice of intention to apply for a certified copy in the Government Gazette.

A new sub-regulation (11) also stipulates that, if the registered holder of a lost, destroyed or unserviceable mortgage or notarial bond applies to cancel the bond, the Registrar may cancel the registration duplicate of such bond thereby cancelling the bond.

New forms on deed of transfer, lost or destroyed deed and cancellation of lost or destroyed bond are inserted.

The amendments come into force one month from the date of publication.