What is a title deed Botswana?

A title deed is a collection of documents that trace the line of ownership of one's property and it has to have a survey diagram prepared by a registered surveyor and a lease document prepared by land board.

How do I get a title deed in Botswana?

What does a title deed include?

A title deed is a document that shows who has owned land and property since it was registered. Within the deeds of a house, you will find a full history of the property, including any mortgages secured, conveyances, contracts for sale, wills, leases and a description of the property.

Is title deed same as Land Registry?

Modern Title Deeds, in actuality, are the Land Registry ownership documents, i.e. the Title Register and the Title Plan, although many people still refer to them as Land Registry Title Deeds.

How do you get a title deed?

How can I get a copy of my title deed? A copy of a title deed, for information purposes, is obtainable from any Deeds Office upon written application to the Registrar of Deeds and payment of the prescribed fee which changes from time to time.

Information on Title Deeds in Botswana

Who keeps original title deeds?

The owner of an immovable property will only receive the original Title Deed once they have paid off the home in full. However, if there is a bond registered on the property, the bank keeps the Title Deed in their custody until the home loan is paid off.

Who owns the title deeds to my property?

The title deeds to a property with a mortgage are usually kept by the mortgage lender. They will only be given to you once the mortgage has been paid in full. But, you can request copies of the deeds at any time.

Do you need title deeds to sell a property?

In short, yes you can sell your house without the deeds, however you must be able to prove through other means that you are the owner of the property. As the deeds are the assortment of documents which usually prove ownership, proving it without them can be a more protracted process, but it is by no means impossible.

Are title deeds important?

Title deeds are an important part of any property sale or purchase. Without them, you are unable to evidence a change of ownership.

How do I prove I own my house?

The easiest way to prove your ownership of a house is with a title deed or grant deed that has your name on it. Deeds typically are filed in the recorder's office of the county where the property is located.

Are title deeds a legal document?

Title deeds are the legal documents which record the ownership of a property and any accompanying land.

Are title documents the same as deeds?

Title deeds / Title register are the same thing, although the plan and register will summarise the old paper deeds. You will be given copies of the paper deeds for reference/interest, if they exist.

Where are title deeds held?

In many cases, title deeds are held by your solicitor or conveyancer who acted on your behalf during the sale, or they may be held by your bank or mortgage provider.

How long does it take to make title deed?

The deeds office usually takes 2 — 3 weeks to process the documents, though this can fluctuate depending on circumstances. If the process goes smoothly then it can be concluded in a mere 7 to 8 working days, while in the case of a bottleneck, it may take as much as two months.

Can a title deed be Cancelled?

The law is very clear on the fact that a title acquired fraudulently may be revoked. If you can prove that the title was acquired fraudulently in a court of law, then a court order can be issued to the relevant Land Registrar to expunge the contentious records from the Land register.

What do I do if I lost the title deeds?

A: When your copy is lost, a new copy can be issued to you via basic court proceedings. You can initiate this by notifying the loss at the Registry of Deeds of the Land Registration Authority, specifically the registry of the locale in which your land with the lost title is located.

Where should I keep the title deeds to my house?

All things considered, a secure place where you can keep real estate deeds is worth investing in. Under no circumstances should you keep house deeds in a dresser drawer or under your bed. Keeping deeds and other important documents in a high-quality safe is a good option. You can use it to store other valuables, too.

Can title deeds be changed?

If there is a title deed in the name of the previous owner, you would need a lawyer, called a conveyancing attorney, to transfer the title deed into your name. The conveyancing attorney sees to it that the title deed is signed into your name by the Registrar of Deeds and files a copy in the Deeds Office.

Should I have the deeds to my house?

It's a good idea to keep the original deeds though, as they can hold extra information, about legal boundaries or who the previous owner was, for example. If your property isn't on the register and you choose to apply for first registration, you'll need to submit the original deeds to us.

Can land be sold without title?

You cannot complete the transfer of ownership of a property via sale, using only a photocopy of the Certificate of Title. But unfortunately, that doesn't stop unscrupulous scammers. They still try to sell real estate they either don't own, or don't have the authority to sell.

What happens if there are no deeds to a house?

The house sale may become an issue of both probate and power of attorney in cases where an owner has died, and their spouse or partner are unable to live in the property independently. If deeds have been lost or destroyed, the first port of call is to check whether the property is registered with the Land Registry.

Can you sell a property that has not been registered?

If you are looking to sell your property which is currently unregistered, you will need to produce your original deeds which prove your ownership. These can sometimes be held by lenders if the property has ever been subject to a mortgage.

Do title deeds show boundaries?

Boundary responsibility is always mentioned in the Deeds and if it is not then they are party boundaries. Often boundaries are not marked out in terms of precise measurements. The Land Registry Title Plans are always to scale. However, you cannot rely upon this as an accurate measurement to determine the boundaries.

What happens to deeds when mortgage paid off?

Article Summary. When the mortgage is repaid you are entitled to have your Ownership Documents, or property Deeds returned to you. Your Mortgagee is not entitled to hold them any longer, and will almost always return them to you after receiving your final payment.

How long does the Land Registry take to update title deeds?

The Land Registry advise that processing times for updating the register (adding a mortgage or changing ownership) take about 4 to 6 weeks, and creating a new register (transfer of part or new lease) take about 6 to 9 months.