Signing and witnessing
The signing of any plan or instrument by the method appropriate to the situation. The plan or instrument is executed when signed by every person with an interest in the land. This includes a company or corporation signing under seal.
Certification by the witness or witnesses to the execution that the plan or instrument has been correctly signed.
All deposited plans of subdivision and easement, together with any section 88B instrument must be signed by all affected parties in accordance with s.195D Conveyancing Act 1919.
Companies and corporations sign the plan under seal. The company seal should incorporate an ACN number. An ABN is acceptable if the seal is signed after 1 July 2003.
A section 88B instrument must be signed on the final sheet in accordance with clause 8 schedule 8 Conveyancing (General) Regulation 2013.
The signatures should include the registered proprietor(s), any mortgagee(s) or chargee(s) of the land which will be burdened by the affecting interest(s). All signatures must be witnessed.
Each page preceding the final page(s) must be signed by an attesting witness to the final page(s) in accordance with clause 9(b) schedule 8 Conveyancing (General) Regulation 2013.
All signatures and seals should be legible and made in dense black or dark blue ink. No other colours are acceptable.
Oversigning another signature is not acceptable.
Legislation about execution (signing) and attestation (witnessing) may be found in the Real Property Act 1900, the Real Property Regulation 2014, the Conveyancing Act 1919 and the Conveyancing (General) Regulation 2013.
Note Where the Registrar General believes that a plan or document has not been properly executed or attested, the Registrar General is empowered to require that the execution or attestation be proved in such manner as the Registrar General thinks fit - see s.36(1E) Real Property Act 1900.
Who can sign a plan or instrument? execution must be by the registered proprietor(s) in person or by approved substitute.Who can witness an execution? must be attested to by a witness who is not party to the document. Signing by minors (person under 18 years of age) when a minor is subdividing or dealing with land, the document may be executed by adhering to specified criteria. Example forms of attestation numbers 1 to 4.