Certificates of Registered Title
Certificates of registered title (CRT) are substitutive title deeds which are registered at the deeds registry in the place of deeds of transfer. To some extent they serve the same purpose as deeds of transfer namely to prove ownership of land but they do not effect transfer of ownership.
The purpose of a CRT is thus to take the place of a title deed, to replace it or to replace certain aspects thereof, but never the transfer of property from one person to another.
Since no transfer of ownership takes place there is no transfer duties payable and no clearance certificate is required to be lodged.
Any person who is a joint owner of property (held in undivided shares) held under one title deed may apply to the Registrar of deeds to issue a CRT for his share held in the property (own separate title deed)
In the following circumstances it is compulsory for a joint owner to obtain such a certificate:
- if he intends to transfer a fraction of such share; or
- if he intends to mortgage the whole or a fraction of his share;
- he intends to lease the whole a fraction of his share
There should always be a primary title deed and a certificate of registered title will not be issued if the issue will exhaust the title deed from which it is being issued.