A deed of sale is the contract between buyer and seller. A title deed is the registered record that proves who owns the property. The deed of sale creates the obligation to transfer; the title deed is what exists once that transfer has been registered at the Deeds Office.
| Deed of sale | Title deed (deed of transfer) | |
|---|---|---|
| What it is | A private contract to buy and sell | The registered record of ownership |
| Who holds it | Buyer, seller and the conveyancing attorney | The bank if bonded, otherwise the owner or their attorney |
| Where it is registered | Nowhere - it is not lodged at the Deeds Office | At the deeds office for that registration division |
| Does it prove ownership? | No | Yes |
| When it exists | On signature, before transfer | After transfer is registered |
| Can you get a copy online? | No - only from the attorney or agent | Yes - order a copy |
In everyday use, yes. Deed of transfer is the formal name of the document that moves ownership from one party to another. Once it has been registered, it is the current owner's title deed. If someone asks for your title deed, the deed of transfer is what they mean.
The deed of sale (also called an offer to purchase, or a sale agreement) records what the parties have agreed: the price, the deposit, the occupation date, suspensive conditions such as bond approval, and who carries which cost. It binds the parties to each other, but it does not move ownership.
Because it is a private contract, no copy of it is lodged at the Deeds Office. If you need one later, it comes from the conveyancing attorney or the estate agent who handled the sale.
The title deed records who the registered owner is, what they paid, when the property was registered in their name, and the conditions attached to the land - servitudes, restrictive conditions, and any bond registered over it. It is a public record: anyone may search it, subject to the prescribed fee.
Not on signature of the deed of sale, and not on payment. Ownership passes when the transfer is registered at the Deeds Office and the property is recorded in the new owner's name. Until then, the seller remains the registered owner regardless of what has been signed or paid.
You can confirm who is currently registered as the owner of any South African property without a conveyancer:
A deed of sale is the private contract between buyer and seller that agrees the sale. A title deed is the official record, registered at the Deeds Office, that proves who owns the property. The deed of sale comes first and creates the obligation to transfer; the title deed is issued once that transfer is registered.
In everyday use, yes. "Deed of transfer" is the formal name of the document that transfers ownership from one party to another; once it is registered it becomes the current owner's title deed. Our Title Deed (Deed of Transfer) search returns this document.
No. A signed deed of sale proves an agreement to buy, not ownership. Ownership passes only when the transfer is registered at the Deeds Office and the title deed is endorsed in your name. Until then the seller remains the registered owner.
If the property is bonded, the bank holds the original title deed as security until the bond is settled. If there is no bond, the owner or their conveyancing attorney holds it. The Deeds Office keeps the registered record either way, which is what an online search returns.
No. The deed of sale is a private contract between the parties and is not lodged at the Deeds Office. A copy has to come from the conveyancing attorney or estate agent who handled the sale. The Deeds Office holds the title deed, not the sale agreement.
Search the Deeds Office record for the property. An Instant Property Search returns the current registered owner, the purchase price and the date the property was registered.
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