WHY IS A COPY OF THE TITLE DEED REQUIRED?
In simple terms, all fixed property (land) is registered at the deeds office, which in South Africa is an entity of the Department of Agriculture, Land Reform & Rural Development. They hold copies of the title deeds, which constitutes documentary proof of ownership of property (erven or sectional title) in terms of the Deeds Registries Act 47 of 1937.
The title deed contains information about the property, which includes: the description, if there’s a bond, purchase prices, the area, owner’s details, and conditions.
The title conditions can include restrictions, or zoning regulations, which take precedence over the municipal zoning, or land use schemes. These could be building lines, use of materials, number of dwellings, or height. There can be more specific conditions, depending on the property.
Owners must also be aware that all title deeds refer to the original title deed, which may have restrictive conditions affecting the proposed property improvements. A conveyancers Certificate may be required to confirm that there are no restrictive conditions preventing the proposed building work.
When a property owner considers building alterations or additions, they must provide their designer with a copy of the title deed, so that the conditions can be checked for any restrictions. If there are restrictive conditions, they would need to be removed before building plans can be submitted. Property owners would need to engage a property professional to remove the conditions and endorse the title deed.
A copy of the title deed must be submitted with the building plan application and the municipality checks that there are no restrictive conditions preventing the proposed building work.
I advise owners to check the title conditions before proceeding with the design of a new building, or alterations and additions to existing building.
Property owners who would like advice regarding the transfer of their property, or the title conditions, can contact Stephen Knott Architects, or for conveyancing advise I recommend you contact Yolande Smith, of Yolande Smith Inc. Attorneys, an experienced conveyancing attorney:
Yolande Smith Inc. Attorneys
Tel.: 041 517 7863
E-mail.: yolande@smithincsa.co.za
