On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Signing and witnessing

Execution 

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.

Attestation 

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  parties in accordance with section 195D Conveyancing Act 1919. See also the chapter on "Registered proprietors and affected parties".

All signatures and seals should be legible and made in dense black or dark blue ink. No other colours are acceptable. 

A section 88B instrument must be signed in accordance with item 8 schedule 9 of the Lodgment Rules. See signatures and consents in the chapter on section 88B instruments.

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 9 of the Lodgment Rules.

For signatures relating to section 88B instruments see the relevant chapter.

Legislation about 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.

See also

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.