The short answer
The existing title needs to be cancelled
The whole question
My church purchased and registered a site under its name. After a dispute, there was a split between the church and the church council. The church council were not involved in the process of purchasing the site, but they are claiming ownership of it. Is there a way to register and transfer the site under a new name?
The long answer
Transferring the title deeds of a property is done after a property is bought or sold and is transferred into the name of the new owner through the Deeds Office by a conveyancing attorney. The Deeds Office examiners must go through all the documentation submitted by the conveyancer to make sure that it complies with the relevant laws. Another title on the property may not be registered without proper cancellation of the existing title.
As there is a dispute with the church council about who owns the site, you would need to be sure that all the documents submitted to the conveyancer were in order. If the conveyancer accepted documents that did not pass legal muster, the decision of the Deeds Office could be successfully challenged in court.
Answered on June 9, 2020, 11:18 a.m.
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