Department of Land Settlement new website

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What is a title certificate?

The certificate issued in place of the deed that is now used in proof of the ownership to a land, is known as the title certificate.

When the deed is there to prove ownership to the land, what is the purpose in issuing a title certificate?

A deed is......

A Legal document which specific some transaction such as a sale / transfer / mortgage / subdivision that has taken place in respect of some land. The registration of the document (deed) in respect of the transaction is done through the Land Registries of the relevant districts. The deed is a document which states that the particular transaction has been made, but it is not a definite certificate of the ownership to the land.

What is meant by registration of title and the title certificate ?

Registration of title is a system of land management which allows a system of registration of ownership to land which is more formal and advanced than a deed.

The Title certificate is the certificate issued in respect of the ownership to the land through that advanced system of land management .

The deed records the registration of the transaction referred to in the deed, but does not record the ownership, that is the title to the land. The title certificate records not only the title to that land but also registration of the land. Even if the matters contained in the deed are difficult to read and understand, the title certificate is a document that can be read and understood,  and a safety measure as well. It facilitates transactions as well. The title certificate also include the plan of the land, but very often a diagram of the land is not included in the deed.

The necessary legal provision for the registration of title , has been made by the Registration of Title Act No. 21 of 1998.

How should the transaction be done on receipt of the title certificate?

The old deed will be invalid with the registration of title in terms of the Registration of titles Act No. 21 of 1998. In place of the deed the owner of the land is given a title certificate. On receipt of the title certificate all subsequent sales, hypothecates, giving as gifts, transfers, leasing, caveats, consolidating and sub partitions should be carried out through instrument introduced by the system of registering titles. As instrument means a document used separately  for each transaction. An  instrument should be registered within a period of 7 days. For registration, an application should be made to the Title Registry together with the original title certificate, stamp fees payable to the Local Govt. Institution Concerned and the receipt in support of the payment of registration fee made to the Registrar of Title.