Related documents
- Is commenced by Deeds Registries Act, 2015: Commencement
- Repeals Registration of Deeds in Rehoboth Act, 1976
- Repeals Deeds Registries Act, 1937

Deeds Registries Act, 2015
Act 14 of 2015
- Published in Government Gazette 5913 on 31 December 2015
- Assented to on 11 December 2015
- Commenced on 23 April 2021 by Deeds Registries Act, 2015: Commencement
- [This is the version of this document from 31 December 2015 and includes any amendments published up to 1 December 2023.]
Part 1 – DEFINITIONS
1. Definitions
In this Act, unless the context otherwise indicates -“conveyancer” means a person practising as a conveyancer in terms of the Legal Practitioners Act, 1995 (Act No. 15 of 1995);“Court” means the High Court of Namibia established in terms of the High Court Act No. 16 of 1990;“deeds registry” means a deeds registry established in terms of section 2, and includes a deeds sub-registry;“deputy registrar” means a deputy registrar of deeds referred to in section 3(3);“diagram” means a diagram as defined in the Land Survey Act, 1993 (Act No. 33 of 1993);“erf” means a piece of land registered in a deeds registry as an erf, lot, plot or stand, and includes every defined portion, not intended to be a public place, of a piece of land laid out as a township, whether or not it has been formally recognised, approved or proclaimed as such;“executor”, includes any representative of a deceased owner recognised by law;“general plan” means a general plan as defined in the Land Survey Act, 1993 (Act No. 33 of 1993);“immovable property” means any land or any building on the land and includes -(a)a registered lease of land which, when entered into, was for a period of not less than 10 years or for the natural life of the lessee or of any other person mentioned in the lease, or which is renewable from time to time at the will of the lessee indefinitely or for periods which together with the first period amount in all to not less than 10 years; and(b)a registered right of leasehold; “land”, includes a share in land;“land surveyor” means a person whose name is entered as a professional land surveyor in the register of practitioners referred to in section 13 of the Professional Land Surveyors’, Technical Surveyors’ and Survey Technicians’ Act, 1993 (Act No. 32 of 1993);“lease”, includes a right of leasehold to be registered under any law;“legal practitioner” means a person who, in terms the Legal Practitioners Act, 1995 (Act No. 15 of 1995), has been admitted and authorised to practise as a legal practitioner or is deemed to have been so admitted and authorised;“Master” means the Master of the High Court of Namibia, and includes, where applicable, a deputy master, acting Master and acting deputy master;“Minister” means the Minister responsible for land affairs;“Ministry” means the Ministry administering land affairs;“mortgage bond” means a bond attested by the registrar and specially mortgaging immovable property described in the mortgage bond;“notarial bond” means a bond attested by a notary public mortgaging movable property generally or specially;“notarial deed” means a deed attested by a notary public, excluding a document merely authenticated, or a copy of a document certified by a notary public;“notary public” means -(a)in relation to any deed or other document executed in Namibia and creating or conveying a real right of land, a person practising as a notary public in terms of the Legal Practitioners Act, 1995 (Act No. 15 of 1995); and(b)in relation to any deed or document referred to in paragraph (a), but executed outside Namibia, a person practising as a notary public in the country or place where the deed or document was executed;“owner” means, in relation to -(a)immovable property, real rights in immovable property and movable property covered under notarial bonds, subject to paragraph (b), the person registered as the owner or holder of a property and includes -(i)the trustee in an insolvent estate;(ii)the liquidator of a company or of a close corporation which is the owner or holder and the representative recognised by law of any such owner or holder who has died or who is a minor or of unsound mind or is otherwise disabled,but the trustee, liquidator or legal representative acts within the authority conferred upon him or her by law; or(b)immovable property, real rights in immovable property and movable property covered under notarial bonds which are registered in terms of section 12 -(i)in the name of both spouses, either one of the spouses acting with the written consent of the other spouse; or(ii)in the name of only one of the spouses and which form part of the joint estate of the spouses, either one of the spouses acting with the written consent of the other spouse;“Permanent Secretary” means the Permanent Secretary for land affairs;“photocopy” means a photocopy of any record or document, approved by the registrar;“prescribed” means prescribed by regulation;“property”, includes both movable property and immovable property;“public place” means a public place as defined in the Land Survey Act, 1993 (Act No. 33 of 1993);“real right”, includes any right which becomes a real right upon registration;“record” means -(a)any record, register, title deed, electronic data or other document, whether kept electronically or otherwise, relating to persons or any land; and(b)any ante-nuptial contracts and other notarial deeds and rights,which record is registered or filed, or is to be registered or filed, in a deeds registry;“region” means a region as defined in the Regional Councils Act, 1992 (Act No. 22 of 1992);“registered” means registered in a deeds registry in terms of this Act;“registrar” means the registrar of deeds appointed or deemed to be appointed in terms of section 3, and includes, where applicable, a deputy registrar and an acting registrar;“registration” in relation to land means the registration in accordance with this Act of a real right in or relating to land;“registration division” means any registration division prescribed under section 93(1(f);[A closing bracket is missing in this definition in the Government Gazette. The cross-reference should be “93(1)(f)”.]“registry duplicate” means the duplicate or copy of a deed or document which is filed or intended to be filed of record in a deeds registry;“regulation” means a regulation made under section 93;“regulations board” means the regulations board established by section 92, and the word board has a corresponding meaning;“settlement area” means a settlement area as defined in section 1 of the Regional Councils Act, 1992 (Act No. 22 of 1992);“share”, in relation to land, means an undivided share;“staff member” means a staff member as defined in the Public Service Act, 1995 (Act No. 13 of 1995);“Surveyor-General” means the Surveyor-General as defined in the Land Survey Act, 1993 (Act No. 33 of 1993);“this Act”, includes the regulations;“township” means a township as defined in section 1 of the Townships and Division of Land Ordinance, 1963 (Ordinance No. 11 of 1963); and“transfer duty” means transfer duty payable in terms of the Transfer Duty Act, 1993 (Act No. 14 of 1993).Part 2 – DEEDS REGISTRY AND REGISTRAR
2. Deeds registry
3. Appointment of registrar and deputy registrar
4. Functions of registrar
5. Powers of registrar
6. Transactions affecting land in areas served by different deeds registries
If it is sought to register transactions affecting separate pieces of land situate within the areas served by different deeds registries, the registrar and deputy registrar concerned or deputy registrars concerned may effect, subject to any regulations, by mutual arrangement the registration in the manner as may be found expedient.Part 3 – REGISTRATION
7. Registration of deed to follow sequence of its relative cause
8. Time when registration takes place
9. Preparation of deed of transfer, mortgage bond, grant or deed or certificate of title or certificate of registration
10. Proof of certain facts relating to deed or other document by means of certain certificates
11. Transfer of real rights
12. Registration of immovable property in name of married person
13. Registration of immovable property in name of legal entities and foreign nationals
Part 4 – TRANSFER OF LAND
14. Manner of dealing with State land
15. Form and manner of execution of deed of transfer
A deed of transfer is -16. Transfer or cession from joint estate
In a transfer or cession lodged in a deeds registry relating to land which is an asset in a joint estate, the surviving spouse is joined in his or her personal capacity with the executor of the estate of the deceased spouse, except where -17. Transfer of two or more pieces of land by one deed
18. Transfer of undivided shares in land by one deed
19. Transfer of shares in properties to more than one transferee in one deed
The registrar may not transfer undivided shares in more than one piece of land to more than one transferee in one deed of transfer if the shares appropriated to any one transferee are not the same in respect of each piece of land so transferred.20. Special provisions relating to transfer of undivided shares
21. Transfer from partnership
22. Transfer to unascertained children
23. Deeds of partition transfer
24. Requirements if share in land to be partitioned is mortgaged
25. Requirements if share in land to be partitioned is subject to other rights
26. Effect of compliance with sections 24 and 25
Upon the completion of the endorsements and entries by the registrar on the bonds and deeds and in the registers in terms of sections 24 and 25, the land described in the deeds of partition transfer, and in the lease, personal servitude or real right, if any, is deemed to be as fully and effectually -27. Partition of land subject to fideicommissum
28. Transfer of expropriated land or land vested by statute
29. Registration of expropriated servitude or servitude vested by statute
30. Registration of title in terms of order of Court
Part 5 – SUBSTITUTED TITLE DEEDS
31. Certificate of registered title of undivided share
32. Certificate of registered title of aggregate share
33. Certificate of registered title of one or more properties held in terms of one deed
34. Conditions governing issue of certificate of registered title
35. Certificate of registered title replacing lost or destroyed deed
36. Certificate of registered title to correct error in registration
37. Certificate of consolidated title of two or more pieces of land
38. Certificate of uniform title
39. Certificate of registered title of portion of piece of land
40. Certificate of registered title in respect of land previously held under registered sectional title
41. Rectification of title by endorsement
42. Transfer or cession by means of endorsement
43. Endorsement of deed on divorce
44. Endorsement of deed if spouse is entitled in terms of section 8 of Married Persons Equality Act, 1996, to immovable property forming part of joint estate
Part 6 – TOWNSHIPS AND SETTLEMENTS
45. Requirements in case of subdivision of land into erven or portions
46. Transfer of township or portion
Part 7 – BONDS
47. Execution of bonds
48. Irrelevant provision
Despite section 4(1)(b) and (c), the registrar may not examine any provision relating to a mortgage bond not relevant to the registration of the bond.49. Requirements in case of bond intended to secure future debts
50. Cession of bond to secure future advances
51. Exclusion of general clause in mortgage bond
52. No bond to be passed in favour of agent
A mortgage bond or notarial bond may not be passed in favour of the agent of a principal.53. Requirements in case of bond passed by or in favour of two or more persons
54. Transfer of mortgaged immovable property
55. Substitution of debtor in respect of bond
56. Powers in respect of certain property in insolvent estates and certain other estates
57. Consent of bondholder to registration of merger of rights of mortgagor
If -58. Registration of notarial bond
59. Where notarial bond is to be registered
Part 8 – RIGHTS IN IMMOVABLE PROPERTY
60. Restriction on registration of rights in immovable property
61. Certificate of registered real rights
62. Registration of notarial deed creating personal servitude
63. Restriction on registration of personal servitude
The registrar may not register -64. Reservation of personal servitude
A personal servitude may be reserved by means of a condition in a deed of transfer relating to land if the reservation is in favour of -65. Registration of lapse and cancellation of personal servitude
66. Transfer and mortgage of land subject to personal servitude
67. Joint transactions by fiduciary and fideicommissary
68. Creation of praedial servitude by notarial deed
69. Conditions relating to registration of praedial servitude
Part 9 – LEASES
70. Registration of lease and sub-lease
71. Termination of registered lease
72. Lease which may be registered
Unless otherwise provided in any other law a deed of -73. Cession of lease or sub-lease
A deed of cession of a lease or sub-lease may not be registered in a deeds registry, unless the deed of lease or the deed of sub-lease which is ceded is registered in a deeds registry.74. Mortgaging of lease or sub-lease
A mortgaging of a lease or sub-lease may not be registered in a deeds registry unless the mortgaging is effected by means of -75. Notarial bond mortgaging lease or sub-lease
76. Mortgaging of settlement lease after exercising of option to purchase
Part 10 – ANTENUPTIAL CONTRACT
77. Antenuptial contract to be registered
78. Manner of and time for registration of antenuptial contract
79. Postnuptial execution of antenuptial contract
Part 11 – GENERAL PROVISIONS
80. Cancellation of registered deed
81. Cancellation of registration on lapse of certain registered rights
82. Transfer or cession not to be passed as security
A transfer of land or cession of a registered lease, sub-lease or other real right in land, excluding a mortgage bond, may not be attested by the registrar or be registered in a deeds registry as security for or in respect of a debt or other liability.83. Taxes and transfer duty to be paid before transfer of land
84. Registration of change of name
85. Attestation of power of attorney executed in Namibia
86. Execution of deeds by prospective owners
If -87. Notice to registrar of application to Court
88. Substituted copy of lost deed supersedes original which is surrendered on recovery
89. Exemption from liability
90. Formal defects
No act relating to any registration in a deeds registry is invalidated by any formal defect in any -91. Inspection of records and supply of information
92. Regulations board
93. Regulations
94. Repeal of laws
The laws specified in the Schedule are repealed to the extent set out in Column 3 of the Schedule.95. Savings and transitional provisions
96. Short title and commencement
This Act is called the Deeds Registries Act, 2015, and commences on a date determined by the Minister by notice in the Gazette.History of this document
23 April 2021
Commenced by
Deeds Registries Act, 2015: Commencement
31 December 2015 this version
11 December 2015
Assented to
Cited documents 44
Legislation 44
- Administration of Estates Act, 1965
- Agricultural (Commercial) Land Reform Act, 1995
- Agricultural Bank of Namibia Act 5 of 2003
- Agricultural Land Act (Rehoboth), 1981
- Archives Act, 1992
- Close Corporations Act, 1988
- Companies Act, 2004
- Deeds Registries Act, 1937
- Deeds Registries Amendment Act, 1953
- Deeds Registries Amendment Act, 1957
- Deeds Registries Amendment Act, 1962
- Deeds Registries Amendment Act, 1965
- Deeds Registries Amendment Act, 1969
- Deeds Registries Amendment Act, 1972
- Deeds Registries Amendment Act, 1977
- Deeds Registries Amendment Act, 1978
- Deeds Registries Amendment Act, 1985
- Deeds Registries Amendment Act, 1996
- Deeds Registries Further Amendment Act, 1996
- Expropriation Act, 1975
- General Law Amendment Act, 1956
- General Law Amendment Act, 1964
- General Law Amendment Act, 1973
- General Law Amendment Act, 1974
- General Law Amendment Act, 1975
- High Court Act, 1990
- Insolvency Act, 1936
- Land Survey Act, 1993
- Land Survey Amendment Act, 1972
- Legal Practitioners Act, 1995
- Married Persons Equality Act, 1996
- Matrimonial Affairs Act, 1953
- Mining Titles Registration Act, 1967
- Professional Land Surveyors’, Technical Surveyors’ and Survey Technicians’ Act, 1993
- Public Service Act, 1995
- Recognition of Certain Marriages Act, 1991
- Regional Councils Act, 1992
- Registration of Deeds in Rehoboth Act, 1976
- Registration of Deeds in Rehoboth Amendment Act, 1981
- Registration of Deeds in Rehoboth Amendment Act, 1994
- Sectional Titles Act, 2009
- Subdivision of Agricultural Land Act, 1970
- Transfer Duty Act, 1993
- Walvis Bay and Off-shore Islands Act, 1994
Documents citing this one 9
Gazette 4
- Namibia Government Gazette dated 2015-12-31 number 5913
- Namibia Government Gazette dated 2016-11-24 number 6177
- Namibia Government Gazette dated 2021-04-23 number 7514
- Namibia Government Gazette dated 2021-06-25 number 7561
Judgment 4
- Grand Design Investment (Pty) Ltd and Anotherv Deputy Sheriff Mariental (Andries Pretorius) and Others (HC-MD-CIV-MOT-REV-2020/00342) [2023] NAHCMD 677 (25 October 2023)
- Hubbard v Batz & Others (I 3994 of 2015) [2021] NAHCMD 420 (20 August 2021)
- Naanda v Fredrik (HC-MD-CIV-ACT-CON- 4242 of 2018) [2022] NAHCMD 610 (8 November 2022)
- Nanjemba v Nanjemba (HC-MD-CIV-ACT-MAT 3603 of 2017) [2022] NAHCMD 407 (12 August 2022)