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Deeds Registries Act, 1937 (Act No. 47 of 1937)

Regulations

Deeds Registries Amendment Regulations, 2021

Copies of Deeds and Documents (Regs 66 to 70)

 

66. Copies of deeds conferring title to land or to any interest therein and copies of mortgage or notarial bonds, required for information only, shall be issued on the application of any person and the words "Issued for information only" shall be written or stamped on the face of every copy so issued.

 

67. Where copies of deeds conferring title to land or to any interest therein and copies of mortgage or notarial bonds are required for judicial purposes, they shall be issued on a written application signed by an attorney of the court or an enrolled law or admitted agent or on behalf of any State Department, and the words "Issued for judicial purposes only" shall be written or stamped on the face of every copy so issued.

[Regulation 67 substituted by regulation 17 of Notice No. R. 493 of 1965]

 

68.

(1) If any deed conferring title to land or any interest therein or any real right, or any registered lease or sublease or registered cession thereof or any mortgage or notarial bond, is lost or destroyed and a copy is required for any purpose other than one of those mentioned in either of the last two preceding regulations, the registered holder thereof or his duly authorized agent may make written application for such copy, which application shall be accompanied by an affidavit describing the deed and stating that it has not been pledged and it is not being detained by any one as security for debt or otherwise, but that it has been actually lost or destroyed and cannot be found though diligent search has been made therefor, and further setting forth where possible the circumstances under which it was lost or destroyed: 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).

[Regulation 68(1) substituted by regulation 2(a) of Notice No. R. 1418, GG 42813, dated 1 November 2019]

 

(1A) [Regulation 68(1A) deleted by regulation 2(a) of Notice No. R. 451 of 2005]

 

(1B) [Regulation 68(1B) deleted by regulation 2(b) of Notice No. R. 451 of 2005]

 

(1C) [Regulation 68(1C) deleted by regulation 2(c) of Notice No. R. 451 of 2005]

 

(1D) [Regulation 68(1D) deleted by regulation 2(d) of Notice No. R. 451 of 2005]

 

(1E)        

(a) Before the issuing of a certified copy of any deed conferring title to land or any interest therein or any real right, or any registered lease or sub-lease or registered cession thereof or any mortgage or notarial bond under this regulation, the applicant shall publish, substantially in the prescribed form, a notification of intention to apply for such certified copy in an issue of a newspaper circulating in the administrative district in which the land is situated and in the case of a notarial bond in an issue of one or more newspapers circulating in the area of every deeds registry in which such notarial bond is registered.
(b) Copies of deeds referred to in paragraph (a) shall be open for inspection in the deeds registry free of charge by any interested person, for a period of two weeks from the date of publication of the notice, during which period any person who has an interest in such deed or any person who alleges and can prove to be in possession of the original thereof, may object to the issue of a copy.
(c) All persons having objection to the issue of such copy must lodge such objection in writing with the relevant Registrar of Deeds within two weeks from the date of the publication of the notice.
(d) Persons who have an interest in a deed as contemplated in paragraph (b) and subregulation (11B)(b) are:
(i) the registered holder of the deed as contemplated in subregulation (1) or a person contemplated in subregulation (3); and
(ii) a person contemplated in the privisio to subregulation (2).

[Regulation 68(1E)(a) substituted by the Deeds Registries Amendment Regulations, 2023, by regulation 2(a) of Notice No. R. 3239, GG48350, dated 31 March 2023]

 

(2) If the circumstances of the loss or destruction are not stated, or if they are stated and the Registrar is of opinion that further evidence is necessary, either from the applicant himself or some other person in whose custody the deed, lease or sublease or registered cession thereof, or bond may have been before the loss or destruction thereof, to establish such loss or destruction, he shall be entitled to call for such evidence: Provided that if it appears from the records of the Deeds Registry, in the case of a deed, that the land, interest or real right thereunder has been mortgaged or the owner has conferred a real right therein on some person who may by virtue thereof be in possession of the deed, or in the case of a lease or sublease or registered cession thereof, that the lessee has mortgaged his interest therein, or in the case of a bond, that it has been ceded, the Registrar shall require that the mortgagee, the person on whom the real right has been conferred or the cessionary to whom the bond has been ceded, shall state in writing that the deed, lease or sublease or registered cession thereof or bond is not in his possession and that he consents to the issue of a copy thereof to the applicant.

[Regulation 68(2) substituted by regulation 21(b) of Notice No. R. 359 of 1982]

 

(3) If such a registered holder is deceased or a lunatic, or is insolvent, or has assigned his estate for the benefit of his creditors under the provisions of the Insolvency Act, or under any prior statute governing the assignment of estates, or is a company under official liquidation, then the application and affidavit may be made by the legally acknowledged representative of the estate or by the liquidator of the company: Provided that if such representative or liquidator is not able to produce evidence definitely establishing the loss or destruction of the deed the Registrar may, on being satisfied that all necessary steps have been taken to recover the same, issue a copy thereof upon compliance with the requirements of this regulation.

[Regulation 68(3) substituted by regulation 16 of Notice No. R. 184 of 1995]

 

(4) [Regulation 68(4) deleted by regulation 21(d) of Notice No. R. 359 of 1982]

 

(5) [Regulation 68(5) deleted by regulation 21(d) of Notice No. R. 359 of 1982]

 

(6) On compliance with the provisions of this regulation the Registrar shall, if he is satisfied that no good reason to the contrary exists, issue the certified copy asked for: Provided that no such copy shall be issued until the Registrar has searched the registers and has made suitable endorsements regarding transactions, if any, registered therein in connection with the deed or bond concerned.

[Regulation 68(6) substituted by regulation 21(e) of Notice No. R. 359 of 1982]

 

(7) If a copy issued to serve as an original is itself lost or destroyed, the Registrar may, subject to the fulfilment mutatis mutandis of the conditions prescribed in this regulation in regard to the loss of originals, issue a further copy to serve in lieu of the original.

 

(8) If any deed referred to in subregulation (1) hereof or any registered lease or sublease or registered cession thereof or any mortgage or notarial bond has for any reason become unserviceable, it shall be competent for the Registrar to issue a certified copy thereof to serve in place of the original on written application being made to him by the owner or the legal holder or the duly authorized agent of such owner or holder; provided that the original deed shall be lodged with such application. If any such deed, lease or sublease or registered cession thereof, or bond is lodged for any purpose without an application for a certified copy, the Registrar shall have power, if in his opinion the same is not serviceable for the purpose intended, to require a certified copy to be taken out.

[Regulation 68(8) substituted by regulation 18(c) of Notice No. R. 493 of 1965]

 

(9) The provisions of this regulation shall apply mutatis mutandis to any deed, lease or sublease or registered cession thereof or bond indicated in subregulation (1) hereof that may have been made in favour of the State President of the Republic of South Africa, or in regard to deeds, leases or subleases or registered cessions thereof, or bonds passed prior to Union in favour of the Governor or the Government of one of the Colonies or States included in the Union, for any official of such Government: Provided that the requisite application and affidavit may be made by an officer charged with the custody of such deeds, leases or subleases or registered cessions thereof, or bonds.

[Regulation 68(9) substituted by regulation 21(f) of Notice No. R. 359 of 1982]

 

(10) In the event of any deed, lease or sublease or registered Cession thereof, or bond, in lieu of which a copy has been issued under the provisions of this regulation being subsequently found and produced to the Registrar, he shall endorse thereon that it has become void except in the case of a deed of transfer affected by the provisions of subsection (2) of section thirty-four of the Act, when the provisions of subregulation (13) hereof shall apply.

[Regulation 68(10) substituted by regulation 18(e) of Notice No. R. 493 of 1965]

 

(11) If the registered holder of a mortgage or notarial bond (which has been lost, destroyed or is unserviceable) or his or her duly authorised agent desires to procure cancellation of the bond, and has made written application duly witnessed to the Registrar to cancel such bond, and has complied, mutatis mutandis, with the provisions of subregulations (1), (2) and (3) of this regulation, the Registrar shall, if he or she is satisfied that no good reason to the contrary exists, cancel the registration duplicate of such bond, and such cancellation shall be deemed to be a cancellation of such bond notwithstanding that the original of such bond was not submitted for cancellation.

[Regulation 68(11) substituted by regulation 2(c) of Notice No. R. 1418, GG 42813, dated 1 November 2019]

 

(11A) [Regulation 68(11A) deleted by regulation 7(a) of Notice No. R. 195 of 2013]

 

(11B)

(a) The registered holder of a mortgage or notarial bond, or his or her duly authorised agent, who desires to procure cancellation of such bond which has been lost, destroyed, or became incomplete or unserviceable and of which the registry duplicates have also been lost, destroyed, or became incomplete or unserviceable, must at own expense publish (in the prescribed form) notice of intention to apply for the cancellation of the registration of such bond, in an issue of a newspaper circulating in the administrative district in which the mortgaged land is situated, and in the case of a notarial bond in an issue of one or more newspapers circulating in the area of every deeds registry in which such notarial bond is registered.
(b) The notice of intention referred to in paragraph (a) must call upon any interested person who has an interest in such mortgage or notarial bond or any person who alleges and can prove to be in possession of the original thereof to furnish the Registrar at the deeds registry in which the bond is registered, with an objection, if any, to the cancellation of the registration of the bond within a period of two weeks from the date of the publication of the notice in the newspaper.

[Regulation 68(11B)(a) substituted by the Deeds Registries Amendment Regulations, 2023, by regulation 2(b) of Notice No. R. 3239, GG48350, dated 31 March 2023]

 

(11C) Where after the expiry of the two-week period referred to in subregulation (11B)(b), the registered holder of the bond, or his or her duly authorised agent, has lodge with the Registrar within a further period of six weeks, a consent to cancellation of the registration of the relevant bond, and has complied with the necessary changes with the provisions of subregulations (1), (2) and (3) of this regulation, the Registrar shall, if satisfied that no good reason to the contrary exists, endorse such consent to indicate the cancellation of the bond, and the endorsed consent shall be deemed to be a cancellation of the bond notwithstanding that the original or registration duplicate of the bond was not submitted for cancellation.

[Regulation 68(11C) substituted by section 4(b) of Notice No. R.498, GG44700, dated 11 June 2021 - effective 11 July 2021]

 

(12) In the circumstances mentioned in subsection (2) of section thirty-four of the Act, the provisions of this regulation shall mutatis mutandis be complied with.

 

(13) Where any person has obtained a certificate of registered title under the provisions of subsection (2) of section thirty-four of the Act, the Registrar shall endorse upon the registry duplicate of the lost or destroyed deed the fact that a certificate has been issued in respect of the share of the applicant under the aforesaid section. Should the lost deed be found and produced to the Registrar a similar endorsement shall be made thereon.

 

(14) If any deed as referred to in subregulation (1) is lost or destroyed and the rights held thereunder are attached, then the application and affidavit may be made by the Sheriff concerned: Provided that if such Sheriff is not able to produce evidence definitely establishing the loss or destruction of the deed the Registrar may, on being satisfied that all necessary steps have been taken to recover the same, issue a copy thereof upon compliance with the requirements of this regulation.

[Regulation 68(14) inserted by regulation 16 of Notice No. R. 184 of 1995]

 

69. When the original of a notarial bond which has been registered at two or more Deeds Registries has been lost or destroyed the registered holder thereof or his duly authorized agent may elect to apply for a certified copy thereof under the provisions of the preceding regulation to the Registrar in charge of any of such Registries, but before issuing any such copy the Registrar to whom application has been made shall require the production of a certificate from the Registrar of every other Deeds Registry in which such bond was registrable stating that no objection exists to the issue of such copy to the applicant and containing full particulars of all endorsements of registration and of any cessions or other transactions which may have been registered in respect of such bond in such other Deeds Registry, and shall further, when issuing any such copy, forthwith notify the fact of such issue to such other Registrar.

 

70. If a certified copy of any document not specified in subregulation (1) of regulation 68 is required by any person, such person may obtain the same upon application and within such period as circumstances permit.