What is a Section 38?

Owner asks for a replacement title deed

If the original title deed of a property is lost or destroyed — fire, flood, theft, or paperwork going missing — the owner has to apply at the Deeds Office for a replacement.

The law requires the application to be advertised twice in the gazette so that anyone with an interest in the property has a chance to object before a duplicate deed is issued. Each notice names the prior owner (the holder of record), the new owner (the person applying for the replacement), the property (erf, section, scheme, or farm), and the deed number being replaced.

Statute: Section 38 of the Deeds Registries Act 47 of 1937.

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