Title deed search in South Africa: title conditions and servitudes explained

Zoning tells you what the municipality allows on a property. The title deed tells you what the land itself is bound by. The two are separate, and when they conflict, the stricter one applies. That is why a title deed search in South Africa belongs in every property check, and why developers read the deed before they read anything else.

What a title deed is

A title deed is the registered document proving ownership of land. It is registered in a deeds registry, and each deed has a number in a form such as T12345/2019 — the "T" for a deed of transfer, followed by a sequence number and the year of registration.

A deed contains:

• the parties — who transferred the property to whom;
• the property description — erf number, township, registration division, province and extent, with a reference to the survey diagram or general plan;
• the conditions of title — the restrictions and rights attached to the land;
• the purchase price and date of the transaction;
• endorsements recording later events, such as bonds and servitudes.

Title deed search South Africa: how it works

South Africa's deeds registration system is public. Deeds registries keep the records, and a search can be done by property description or by deed number.

There are broadly three routes:

• Through a deeds registry, where records can be searched and copies of deeds requested for a prescribed fee.
• Through a conveyancer, who will obtain the deed as part of a transaction or on instruction.
• Through a property information service, which packages registry information into reports.

To search, you need the property description. If you have only an address, start with an erf number lookup.

On checkproperty.co.za, the Development potential report for a Johannesburg erf shows the title deed number and registration date, the registered servitudes and the survey diagram reference. It does not show owner names, identity numbers or contact details: the reports are about the land, not the people. For the full wording of the deed's conditions, obtain a copy of the deed itself.

Title conditions

Title conditions are the clauses in the deed that restrict how the land may be used or developed, or that reserve rights to others. Most were imposed when the township was established, often many decades ago, and have been carried forward in every transfer since.

Typical conditions in older Johannesburg townships:

• one dwelling only on the erf;
• residential use only — no business or trade;
• building lines from the street or other boundaries;
• materials — walls of brick or stone, roofs of tile or slate;
• no subdivision;
• servitudes for services along boundaries;
• restrictions on certain trades, or on the sale of liquor;
• rights reserved to the township owner or the local authority.

Some of these are obsolete. Others are still very much in force.

Why title conditions matter

They can override zoning

A scheme may permit a second dwelling, a home business or a subdivision. If the deed prohibits it, you cannot proceed until the condition is removed. This is the most common reason an apparently straightforward project stalls.

They are not shown on a zoning map

A zoning check will not reveal them. You have to read the deed.

They bind every owner

Conditions run with the land. Buying the property means taking it subject to them.

They can be enforced

Neighbours in the same township may have the right to enforce certain conditions, and the municipality checks compliance when building plans are submitted.

Removing or amending title conditions

Restrictive conditions can be removed, suspended or amended through a formal application under the municipal planning by-law. It is usually prepared by a town planner and involves public notice, and it is often run together with a rezoning or subdivision. Once approved, the change is registered against the title by a conveyancer.

It adds time and cost. Knowing a restrictive condition exists before you buy lets you price that in.

Servitude search

A servitude search identifies the rights that others hold over the property. A servitude gives someone other than the owner a right to use part of the land for a defined purpose.

Common servitudes:

• services — sewer, stormwater, water or electricity lines, typically a strip a couple of metres wide along a boundary, though sometimes straight across the erf;
• right of way — access across the land for a neighbour, common with panhandle and back erven;
• power line servitudes, which can be wide;
• pipeline servitudes;
• light and view servitudes, which restrict building height;
• usufruct and similar personal rights, giving a person the use of the property.

Servitudes are found in three places: the conditions of the title deed, separate notarial deeds referred to by endorsement, and the survey diagram, which often shows where they run. Check all three. See survey diagrams and servitudes, explained.

Why servitudes matter

• You generally may not build over a services servitude.
• The servitude holder has a right of access for maintenance.
• A servitude through the middle of an erf can split the buildable area in two.
• A right of way means someone else's traffic across your land.

For a developer, a servitude in the wrong place can change the layout or the yield entirely.

What to look for when reading a deed

1. Does the property description match what you are buying — erf, township, extent?
2. Which conditions restrict use — one dwelling, residential only?
3. Which restrict building — building lines, height, materials?
4. Is subdivision prohibited?
5. What servitudes exist, and where do they run?
6. What endorsements appear — bonds, interdicts, caveats?
7. Do the conditions refer to other documents you also need to read?

If the wording is archaic or unclear, ask a conveyancer. Old conditions are often worded in ways that need interpretation.

Title deed search when buying

A conveyancer handles the title during transfer, but that happens after you have signed. Read the deed before you make an offer where:

• you are buying to develop, subdivide or add a second dwelling;
• you plan to run a business from the property;
• the property is in an older township;
• there is a panhandle, a shared driveway or visible service infrastructure.

Use the full due diligence checklist so the deed is one check among several.

Frequently asked questions

Is a title deed search public? Yes. The deeds registry is a public record.

Does a title deed show the purchase price? The deed records the consideration for that transfer. See property sales history.

I have lost my title deed. What now? A conveyancer can apply for a certified copy from the deeds registry.

The bottom line

A title deed search shows what the land is bound by. Read the conditions and find the servitudes before assuming the zoning tells the whole story — and before you price a property for what you hope to do with it.

Search a property to see its title and servitude information.

This is general information, not legal advice. Consult a conveyancer for the interpretation of title conditions and servitudes.