I am selling my house that I owned for 10 years. The transfer attorney advises me that there is an error on the title deed in that my surname is spelt incorrectly; and that the error occurred when the property was initially transferred into my name. I am transferring ownership and the new owner gets a new title deed, why must the error be rectified first and who pays for this?
The Deeds Registries Act provides that any error on a Title Deed must be rectified prior to the transfer of ownership takes place, even if the error was made years ago. The seller is the unfortunate party who pays for the error to be rectified, as it may be difficult and/or time-consuming to go after the previous attorneys, as it may delay the transfer process.