2.8.19

The Regulations (Regulation Gazette No. 42186 of 25 January 2019) that determine the process regarding the application for certified copy (VA) of a Title Deed or Bond Deed has recently changed and will from 25 February 2019 require that –

Your affidavit now has to be “attested by a notary public”. A Notary Public is a specialised attorney who “notarises documents in a formal recording and certification process that carries more weight than would attach to a normal affidavit signed before a Commissioner of Oaths. The deponent to the affidavit will have to personally appear before the Notary to give effect the purpose of the Regulation and to curtail fraud. That translates into extra costs.

Your application must now be advertised in the Government Gazette, and for 2 weeks after publication must lie open for inspection by the public at the Deeds Registry. This again will add costs for the publication and will cause a delay.

Please note that the new Regulations apply equally to lost mortgage bonds (REG 68(11) applications included), notarial bonds, registered leases, holders of real rights, etc and the above will therefore apply also.