When a property’s original title deed is lost, stolen, or destroyed, it cannot be transferred or bonded until a replacement deed is issued by the Deeds Office. This process involves a formal application known as a VA (Vervangingsakte) replacement deed application, and it can cause delays if not managed proactively.
What is a VA Application?
A VA application is a formal request made to the Registrar of Deeds for a duplicate original deed to replace the lost or damaged one. It is governed by Regulation 68(1) of the Deeds Registries Act.
Documents Required:
- 1. Affidavit by the registered owner (or conveyancer) setting out:
- • Circumstances of the loss,
- • That the deed has not been pledged or deposited for security,
- • That diligent efforts were made to locate it.
- 2. Application (VA form) requesting the issue of a certified copy.
- 3. Copy of the missing title deed, if available.
- 4. Proof of publication of a notice in a local newspaper (see below).
Before the Deeds Office will issue a duplicate deed, the application must be advertised in a local newspaper approved by the Registrar. This notice serves as public warning of the pending replacement and there is a mandatory 14-day waiting period after publication to allow objections.
The VA application is lodged at the Deeds Office where the property is registered – for example; King William’s Town, Pretoria, Johannesburg, Cape Town, etc.
Each office may have its own administrative preferences, such as requiring a VA slip before advertising may begin (as is the case in King William’s Town).
How Long Does It Take?
If all goes smoothly, the full process may take 3 to 4 weeks but delays often occur if affidavits are incomplete, the notice is incorrectly placed, or responses from the Deeds Office are slow.
To avoid unnecessary delays in a transfer or bond registration, notify your conveyancer immediately if the title deed is missing, especially in older properties where physical deeds were issued.
