Property & Housing

Deeds Registry

The Deeds Registry is the government office where all immovable property ownership, bonds, and servitudes in South Africa are registered and maintained in a public record.

Legal Definition

The Deeds Registry is maintained by the Chief Registrar of Deeds under the Deeds Registries Act 47 of 1937. It records: ownership (title deeds), mortgage bonds, servitudes, restrictions, and leases over immovable property. Registration is the moment legal rights in property are created, transferred, or cancelled.

📖 Constitutional / Statutory Basis: Section 25, Constitution of the Republic of South Africa, 1996; Deeds Registries Act 47 of 1937

Practical Example

A buyer pays for a property but the conveyancer has not yet lodged the transfer at the Deeds Office. The seller legally remains the owner until registration — the buyer has only a personal right (to demand transfer) not yet a real right.

Frequently Asked Questions

Is the Deeds Registry a public record?

Yes. Anyone can search the Deeds Registry for property details — ownership, bonds, and encumbrances — at a small fee.

When does transfer of property officially happen?

Only upon registration at the Deeds Office. Signature of the sale agreement gives a personal right; registration converts it to a real right (ownership).

Can a Deeds Registry error affect my ownership?

Yes. If there is an error in registration, you can apply under s4 of the Deeds Registries Act to have it rectified. Courts can also order correction.

Related Terms

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