Double Registration of Properties

Double Registration of Properties

Strömbeck Pieterse Attorneys

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Double Registration of Properties

Due to an error in registration, it may occur that the same property is registered in the name of two different owners. Should a dispute arise as to who the rightful owner is, the matter must be referred to court for a ruling.

The Registrar of Deeds must give directive in terms of Section 97 of the Deeds Registries Act in a report to court, that the wrongful owner pass transfer to the rightful owner; failing which the Sheriff must be ordered to affect such transfer.

The rightful owner, who would now have two title deeds for the same property, must then apply for a certificate of registered title in terms of Section 39(1) of the Deeds Registries Act.

In the said instance, the following documents must all be lodged simultaneously:

  • The transfer from the wrongful owner (or Sheriff);

  • All the supporting documents required for such transfer;

  • The bond registered over the property;

  • The application for the Certificate of Registered Title.