What is a Title Deed Restriction?
A title deed restriction is any condition registered against a land title deed restricting the use, development or division of the land in question.
In the past, we did not have City Planning, restrictive conditions were added in title deeds as a means to protect all other properties and property owners in the community and to create uniformity in the appearance of the specific Township.
Removing Title Deed Restrictions Process
Restrictive conditions can either be amended, suspended, relaxed or removed.
There are three ways to remove the restrictions. The first is to obtain a court order. In this instance the applicant, who can either be the registered owner or the local Council, must approach the High Court and the High Court will issue an order removing the ownership limitation. The condition can also be removed by means of a notarised agreement between the administrator, council or the Municipal Planning Tribunal and the specific property owner. Lastly, a restriction can be removed by means of legislation.
Once the removal of a title deed restriction has been approved, the approval must be published in the Provincial Gazette. Thereafter, the applicant must approach the deeds office to remove the restriction from the properties title deed. This can be done with the assistance of a Conveyancing firm. Once the restriction has been removed, the owner will have full and unrestricted use and entitlement to his/her property.