Barrister or solicitor

The following applies to Real Property Act dealings, Water Access Licence dealings and the General Register.

A barrister or solicitor (i.e. a legal practitioner) may not execute a dealing or other instrument on behalf of a party:

  • disposing of, or otherwise dealing with, their estate or interest, or
  • burdened by the dealing or instrument.

A legal practitioner may execute a dealing or document on behalf of the party taking.  The legal practitioner's own name must be stated legibly (the name of the legal practitioner's firm alone is insufficient) and it must be stated that the signatory is the solicitor, barrister or legal practitioner for the party taking.  The signature does not have to be witnessed.  A legal practitioner may execute the dealing or document on behalf of himself as the party taking, though in that case the signature must be witnessed.

A legal practitioner may sign on behalf of any party to a postponement of mortgage, variation of lease or variation of mortgage who is benefited by the transaction.

A legal practitioner may not sign on behalf of a party as regards the covenant or easement details included in a transfer.