In previous stories, we have covered applying for a first time title as well as the different ways multiple people can own a single parcel of land (in common versus joint).

Here, we will tackle what to do when you already have a title but you need it replaced because it has either been lost, damaged or destroyed.

Having a copy of your title is important for any transaction related to your land and so should your title be misplaced or damaged, you must apply to the National Land Agency (NLA) for a replacement. The Registration of Titles Act in section 82 allows for the Registrar to cancel the first title in favour of the replacement should one be needed.

An owner can apply in their own capacity as well as a person who has the owner’s power of attorney. Should the owner be deceased, the person who is the legal representative for the estate, whether an administrator or an executor, is allowed to make said application. Should the owner be a company, an authorised officer of the company could make the application as well.

In addition to the details of the applicant (name, address, occupation, authority under which they are applying), and details of the land (location, size and Volume and Folio), what is important is the explanation as to the circumstances surrounding the application.

In the case of a lost title, the applicant has to outline where the title was kept and who has access to the place the title was stored.

Also required in those circumstances is an explanation of how the title was discovered to be missing and who was the last person to have access to it. There also needs to be a detailed explanation of all the steps taken to recover the title since it went missing.

In the case of a stolen title or when destroyed by fire, the application needs to be accompanied by a police report that details the title as a stolen item or a fire report that lists the title as one of the things that was irrecoverable after the fire.

If in addition to the the title being lost, the applicant wishes to have another transaction recorded on the title, such as transfer or a transmission, then the applicant can apply to the registrar for an exemption to the rule of producing the title for that transaction and ask that both applications be dealt with at the same time.

In simpler terms, any transaction regarding the land requires production of the title so the transaction can be noted on it. So if the title is missing for whatever reason, the applicant can still carry out that other transaction and ask that they not be required to produce the title. The registrar is allowed to register the transaction as a part of the lost tile application and simply note the change on the new title.

After the registrar puts the application in the newspaper to give notice that a new title is going to be produced, the applicant has to wait 14 days to allow for anyone to come forward with an objection. After that time passes, and the registrar has proof of the notice time elapsing, then the Registrar can issue a new title and cancel the original.

It is important that a potential applicant gets legal advice on this process to ensure all steps are properly complied with to assist with the ease of this process.