Author: Hein Nauschutz – STBB
20 June 2017
TITLE DEED CONDITIONS: CAN THEY BE REMOVED AND IF SO, HOW?
There are options available to a home owner who wishes to remove certain conditions from the Title Deed relating to his property.
Generally, the process is determined by ascertaining in whose favour the condition is registered. If, for example, the party in question is a neighbour, cancellation can be registered once the two owners have entered into a notarial deed of cancellation. However, if the condition is in favour of a local authority, application must be made directly to the relevant local authority. Other conditions may be removed by way of an application to the High Court for a court order instructing that the title deed condition be removed.
Contact us at STBB for assistance.
Hein is a practising Attorney and Conveyancer, specialising in a wide-range property-related matters, including sectional title schemes, developments, bonds and transfers. Hein regularly conducts Legal Updates for banks and estate agents, and is a consultant for the UCT-Nedbank Urban Real Estate Research Unit.