This means 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.
This means 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 Guidelines 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 this Guideline.
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.
Legislation about signing and attestation (witnessing) may be found in the Real Property Act 1900, the Lodgment Rules, the Conveyancing Act 1919, the Conveyancing (General) Regulation 2018 and the Conveyancing Rules.
Other related Guidelines which may be useful are set out below:
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 see https://rg-guidelines.nswlrs.com.au/land_dealings/dealings_involving/minors
Example forms of attestation.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/