Due to an error in registration, it may occur that the same property is registered in the name of two different owners. Should a dispute arise as to who the rightful owner is, the matter must be referred to court for a ruling.
The Registrar of Deeds must give a directive in terms of Section 97 of the Deeds Registries Act in a report to court, that the wrongful owner pass transfer to the rightful owner, failing which the Sheriff must be ordered to effect such transfer. The rightful owner, who would now have two title deeds for the same property, must then apply for a certificate of registered title in terms of Section 39(1) of the Deeds Registries Act.
In the said instance the following documents must all be lodged simultaneously:
- the transfer from the wrongful owner (or Sheriff);
- all the supporting docu-ments required for such transfer;
- the bond registered over the property will also have to be lodged for disposal and
- the application for the Certificate of Registered Title.
Pumeza Bono Attorneys
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