N6. Rectifying errors on a Title Deed

Title deeds contain a number of important facts and information relating to the property, including the legal description, the size/extent of the property, conditions that the property is subject to, the last recorded purchase price and details of both the seller and purchaser.

One of the most pivotal stages in the transfer process is where the Deeds Registry endorses the new title deed and rights are transferred to the new owner.

While all information submitted undergoes a stringent process of checks and balances to ensure that what is submitted is the true and accurate position, errors do sometimes occur.

1. How do you change a title deed?

Should a title deed be drafted and registered with incorrect information, an application can be brought to the Deeds Registry to correct this. The requirements and process for this application are set out in Section 4(1)(b) of the Deeds Registries Act.

In accordance with this Act, all Deeds Office documents need to show the correct position. For example, if a title deed is registered and the purchaser is described incorrectly or the owner’s name has changed, this will need to be corrected before any subsequent transaction can take place regarding the property. This is to ensure that the same mistake is not carried forward on any other Deeds Office documents.

The application also needs to state and confirm that no other documents need to be corrected. If the error affects any other document, these documents must also be corrected.

2. How long does it take to correct a title deed?

If an application for a correction is brought without any transfer or subsequent transaction taking place, it can be attended to within three weeks from the time a conveyancer is approached and the relevant details for the correction are supplied.

Should the error be identified during the process of a property transfer, to avoid any significant delays, it is possible for the conveyancer managing the transfer to attend to the correction simultaneously.

It is important to note that such an application can only be used to ensure that minor errors are corrected and cannot be used to transfer any rights. If amendments to ownership are to be affected, a conveyancing attorney should be approached to ascertain the details of the position and what route needs to be taken to implement such a change.

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