What is involved if a seller or purchaser wants to have a title deed condition removed.
What is the cost? How long does it take?
There are two options available. Firstly, one can make application to the High Court
for a court order that the title condition be removed. In this instance the decision
rests with a judge who will hear the application and require that the applicant
advertise the intended removal in the Government Gazette and local press.
In exceptional circumstances the court can dispense with notice if it deems appropriate.
This option is more costly but the quicker option if there are no objections to the
intended removal. However, if an interested party who appears to have vested rights
objects, that can be fatal to the application as the court will not overrule the
objection and it would then refer the applicant to the administrative channels
The other option is to make application to the local authority. Advertising in the
local press and Government Gazette is a requirement. The whole process through
council can take from 6 months up to a year. If there are objections, the local
authority has the power to overrule them whereas as seen above, a court is reluctant
to do so.