What a Title Deed ? A title deed is a legal document which proves that one is the rightful and legal owner of a property that may having been transferred into their name at the Deeds Office . This is an important document that includes the description of the property , the size , date of purchase and details of the person ( s ) who legally own the property .
In terms of the Deeds Registries Act 47 of 1937 a person can only become the legal owner of the property when the Registrar of Deeds has signed the transfer . Once it has been approved , a copy of the title deed is kept at the Deeds Office nearest to you .
Moreover , one of the important information contained in the document is restrictive conditions . These restrictive conditions dictate how one should use their property .
What are Restrictive Title Deed Conditions & Why are They Necessary ? Restrictive conditions are the conditions registered in title deeds during the process of township establishment by the township developer and subdivision process . Among some of the regulations posed by the restrictive conditions is the extent to which a property may be developed by the legal owner .
The purpose of title restrictions is mainly to protect the local amenity , to ensure a harmonious layout of the township and to preserve the character of the area for the benefit of the surrounding property owners and the public . Having these restrictive conditions against your property can be immensely frustrating and potentially costly to be relaxed , suspended , amended , or permanently removed . In a worst case scenario , the matter can be handled by the High Court to have the restrictive conditions removed .
Previously , the power to alter , remove or suspend restrictive conditions fell within the competent provincial authority . With the effect of Spatial Planning and Land Use Management Act 16 of 2013 (“ SPLUMA ”) from 1July 2015 , power now has been granted to municipalities on application to remove , suspend or amend restrictive condition against the title deed of land .
Common Restrictive Conditions Title deed restrictions may regulate various matters and are imposed to restrict the size to which a property may be used , the number and placement of dwellings and other buildings that may be erected thereon .
Amongst others , some common restrictive conditions may include :
• The disposal or sale of the property ( e . g . a notarial tie )
SA Real Estate Investor Magazine OCT 2021 27