The Basics
What Is a Certificate of Registered Title?
Think of a Certificate of Registered Title (commonly known as a "CRT") as a stand-in title deed — a document that steps in where a conventional deed of transfer either cannot, or should not, be used. It is registered at the Deeds Registry, lives alongside ordinary deeds of transfer in the property record system, and carries the same weight as proof of ownership.
Here is the single most important thing to understand about a CRT: it never moves ownership from one person to another. A deed of transfer does that. A CRT simply reorganises, replaces, clarifies or separates existing ownership — leaving the same person as owner before and after. Ownership stays exactly where it was; only the document holding it changes.
"A CRT replaces an existing title deed without ever changing who owns the land."
Because no ownership changes hands, there is also no transfer duty to pay to SARS and no need to obtain a rates clearance certificate from the municipality. This makes CRTs considerably less expensive than full transfers — a welcome relief when you are simply tidying up paperwork rather than buying or selling.
A CRT is prepared by a conveyancing attorney, who signs a preparation certificate confirming accuracy. However, it is attested (signed into existence) by the Registrar of Deeds alone — no conveyancer appears before the Registrar the way they would for a deed of transfer. Once the Registrar signs, registration is complete. The existing title deed and any mortgage bond registered over the property are then endorsed to reflect that the CRT has been issued.
Key Rule: Don't Exhaust the Title Deed. As a general rule, a CRT cannot be issued in a way that entirely strips the original title deed of everything it covers. Something must always remain under that original deed. For example, if land is jointly owned by three people under one title deed, two of them may obtain their own CRTs — but the third may not, since doing so would leave the original deed empty. There are, however, specific exceptions to this rule, notably in the case of consolidation and certain subdivision certificates.
| CRT at a Glance |
|---|
| Full name — Certificate of Registered Title (also "SGT" — Sertifikaat van Geregistreerde Titel) |
| Primary legislation — Deeds Registries Act 47 of 1937, sections 34–43A |
| Who signs — The Registrar of Deeds (alone — no conveyancer appears in person) |
| Who prepares it — A conveyancing attorney, who must attach a preparation certificate |
| Transfer duty — None — no ownership changes hands |
| Rates clearance — Not required |
| New conditions — Generally not permitted — existing conditions carry forward verbatim. Exception: subdivision CRTs. |
Circumstances
When Is a CRT Issued?
There are ten distinct scenarios in which the law provides for a Certificate of Registered Title. Here are the most common ones you will encounter in everyday property dealings.
01 — Joint Owner Wants Their Own Title S 34(1) — Form I
When two or more people share ownership under a single title deed, any one of them can apply for a CRT to hold their undivided share under a separate document. This becomes compulsory when that co-owner wants to mortgage, lease, or transfer only a fraction of their share.
02 — Owner Wants to Split Their Own Share S 34(1A) — Form I
Even a sole owner who wants to deal with a fraction (not the whole) of their interest in land must first obtain a CRT for their full share before they can carve off a piece. This section was added in 2010 to extend the same principle to sole owners.
03 — Aggregating Shares Held Under Multiple Deeds S 35 — Form I
If someone has accumulated undivided shares in the same piece of land through separate title deeds over time, they can consolidate all those shares into a single CRT — tidying up their position and making the land easier to deal with.
04 — Multiple Properties Under One Deed S 36 — Form I
If a single title deed covers several different properties (perhaps a farm and two erven in different towns), the owner can extract one or more of them into their own CRT. Useful when different banks want separate title deeds as security for different bonds.
05 — Both Copies of the Title Deed Are Gone S 38 — Form L
In the rare scenario where both the owner's copy and the Deeds Office's own copy of a title deed are lost, destroyed or unusable, the owner can apply for a replacement CRT. This involves public notice in the Government Gazette and a six-week inspection period.
06 — Merging Adjacent Properties S 40 — Form O
When two or more neighbouring properties are merged into a single piece of land, a Certificate of Consolidated Title replaces the individual title deeds. The properties must share a common boundary and meet several other requirements before this is possible.
07 — Subdividing a Property S 43 — Form R
When an owner subdivides their land, separate CRTs are issued for each portion. This is compulsory before a mortgage bond can be registered over a subdivided portion, and before a township developer can register a bond or servitude over an individual erf in a new township.
08 — Opening a New Township S 46(4) — Form V
Where a township is to be established on only part of a larger piece of registered land, a Certificate of Township Title (or a section 43 CRT as an alternative) must first be issued for that portion before the township register can be opened and individual erven transferred.
Side by Side
CRT vs Deed of Transfer — What's the Difference?
These two documents are often confused, but they serve fundamentally different purposes. Here is a plain-language comparison to keep things clear.
| Feature | Certificate of Registered Title (CRT) | Deed of Transfer |
|---|---|---|
| Does it transfer ownership? | Never — ownership remains with the same person | Always — ownership moves from seller to buyer |
| Who signs the document? | The Registrar of Deeds alone — no conveyancer appears in person | The conveyancer appears before the Registrar; both sign |
| Transfer duty payable? | No | Yes (or VAT where applicable) |
| Rates clearance certificate needed? | Not required | Required |
| Can new conditions be added? | Generally no — only existing conditions carry forward | Yes — new conditions may be imposed |
| Who initiates it? | The registered owner applies in writing | The seller instructs the conveyancer (often per the sale agreement) |
| When is it used? | To reorganise, replace, clarify or separate existing title — without selling | When property is bought or sold; ownership changes |
| Does it prove ownership? | Yes | Yes |
Deep Dive
The Main Types of CRT — Explained
Click any heading to expand the full explanation.
Emergency Remedy
Lost Title Deed? A Certificate Can Replace It
Losing a title deed is alarming, but South African law has a well-defined remedy. Here's how the replacement process works — step by step.
First: Understand When This Applies
Section 38 of the Deeds Registries Act applies to the most severe scenario: where both the owner's copy of the title deed and the Deeds Office's own copy are lost, destroyed, incomplete or no longer usable. If only the owner's copy is missing but the Deeds Office still has its version intact, the simpler process of obtaining a certified copy (under regulation 68) applies instead. It is also important to know that you can still sell your property even if your copy of the title deed is missing — provided the Deeds Office copy is intact.
Written Application by the Owner
The owner must submit a formal written application to the Registrar of Deeds, prepared by a conveyancing attorney. This application must be accompanied by an affidavit from the owner confirming that the deed has genuinely been lost or destroyed, cannot be found despite a thorough search, and has not been pledged as security to anyone. The circumstances of the loss or destruction must be described where known.
Mortgagee's Input (if There's a Bond)
If the property is bonded, the bank or other mortgagee must also provide a statement confirming that the lost deed is not in their possession, together with their written consent to the issue of the replacement CRT. This statement is lodged together with the owner's application.
Public Notice: Government Gazette & Newspaper
At the owner's expense, notice of the intention to issue a replacement certificate must be published in two consecutive issues of the Government Gazette and in two consecutive issues of a local newspaper serving the area where the property is situated. This gives the public an opportunity to object if they believe the certificate should not be issued.
Six-Week Inspection Period
A draft of the proposed replacement certificate (along with the property diagram) must be made available for public inspection at the Deeds Office for a minimum of six weeks from the date of the first Government Gazette notice. During this period, any interested person — a creditor, neighbour or other claimant — may lodge a formal objection.
Certificate Issued (If No Objections)
Only after the six-week period has expired without objection may the certificate be lodged at the Deeds Office for examination and registration. Once registered, it takes the place of the lost deed in every respect — carrying forward all existing conditions, servitudes, bonds and other encumbrances. If an objection is received, the objector has one month to approach court for an order preventing the Registrar from issuing the certificate.
Practical Checklist
Documents Required to Obtain a Certificate of Registered Title
The exact checklist depends on which type of CRT you need. Here is a breakdown by category.
Things to Remember
The Golden Rules of CRTs
Always Two Documents
Every CRT application involves two separate documents lodged together: the application (signed by the owner) and the certificate itself (signed by the Registrar). Both are prepared by the conveyancer, but only the certificate has a prescribed form.
No New Conditions (Usually)
Conditions in a CRT must be carried forward exactly as they appear in the existing title deed — verbatim. No new conditions may be added. The only significant exception is subdivision CRTs, where municipalities routinely impose new conditions as part of their consent to subdivide.
Something Must Always Remain
As a general rule, a CRT cannot exhaust the title deed it springs from. If three co-owners share one deed, two may obtain CRTs — but the third must keep their interest under the endorsed original deed. Specific exceptions apply to consolidation, section 38 and certain subdivision CRTs.
Bonds Are Endorsed, Not Cancelled
When a CRT is issued over bonded property, the Registrar endorses the existing mortgage bond to note that a CRT has been issued. The bond continues — it is not cancelled. In consolidations, the bond arrangements may need to be formally amended to cover the new consolidated property.
No Transfer Duty, No Clearances
Because no change of ownership takes place, you will not be asked to pay transfer duty to SARS, and no rates clearance certificate from the municipality is required. This makes CRTs significantly cheaper and faster to process than ordinary transfers.
Only the Registrar Signs
Unlike a deed of transfer — where the conveyancer physically appears before the Registrar and both sign the document — a CRT is registered when the Registrar signs alone. There is no "execution" in the traditional sense; the document is simply "registered" at the moment of the Registrar's signature.