The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.
1. Overview
The following information relates to documents executed in Australia. For the signing and witnessing of land transaction documents outside of Australia, please refer to SIG-07 Signing and Witnessing of Documents by a Person Overseas .
Instruments under the Act signed by any person and attested by one witness are duly executed under section 145(1)(a) of the Transfer of Land Act 1893 (TLA), where:
- the witness is not a party to the instrument
- the witness has signed the document
- the witness is an adult and there appears on the instrument the full name, address and occupation of the witness, in English script below the witness’ signature. The details of the witness must be able to be clearly read by the Registrar of Titles
- the instrument is signed within Australia or a Territory of Australia including the Cocos (Keeling) Islands or Christmas Island
and
- the signature of each person is separately attested.
Signatures must be in ink. The use of black or blue ballpoint or felt tips pens is recommended when signing.
A party to a document must sign using their usual signature, which may be by printing the name, or using English or other language script, thumb print or other mark.
After the witness’s occupation, a phone number at which the witness can be contacted during business hours would be helpful if contact is needed.
If a party to a document is dealing with shares/interests held in different capacities, they must execute the document separately for each share/interest being dealt with in that document. For example, if dealing with a ½ share held by themselves in their own right and dealing with a ½ share held by themselves as executor or administrator, they would need to execute the document twice and have each signature separately witnessed.
The Registrar expects signatures to be written, not printed, and the presence of a printed name on a document raises the question of whether the document has been signed. Where the printed signature is duly witnessed, the witness is testifying that the document has been signed, but where the printed signature is that of the witness there is a possibility of a later denial, both as to the witness and the party to the document. In cases where the signature of a witness is printed the Registrar will request confirmation that the witness did indeed witness the attestation of the document, and that the signature on the document is the usual signature of the witness.
Where an instrument is executed but not witnessed in the manner provided above and the genuineness of the signature and handwriting of the person signing is proved to the satisfaction of the Registrar, by the statutory declaration of a person well acquainted with the person signing, who:
- Identifies the instrument for which the declaration is required or supplied
- declares positively that the signature thereon is the true signature and handwriting of the person executing the instrument, and
- states how and over what period the declarant has obtained a sufficient knowledge of the signature and handwriting of that person.
then the instrument may be accepted for registration by virtue of s.145(3) of the TLA.
1.1. Re-signing/Re-execution2
Where a person/party to a land transaction needs to re-sign the document, the incorrect signature or signature block should be struck through using a single line and a re-execution clause added (samples below). The portion struck through should also be initialled.
Where there is space the re-execution can be done next to or below the previous execution. If there is insufficient space, an Additional page to (Form B1) can be used which must include details of the re-executed document by completing the “Additional page to …” heading and inserting page numbers and date.
If the document is a T2 Transfer of land, page 2 should be used or an Additional page to (Form B1).
Sample re-execution clauses:
- Re-executed on [insert date] – see page xxx
- Re-executed by [name of person] on [insert date], [Signature of person] and [Signature of witness]. [Full name, address and occupation of the witness]
- Re-executed by [Company Name Pty Ltd, ACN 123 456 789] on [insert date] followed by appropriate Company execution clause – see SIG-03 Signing by a Corporation, link below.
2Section added 11/07/2023
The above may also apply if a party signs in the wrong section.
2. Also see1
- SIG-02 Signing by Mark or Cross or Interpreter
- SIG-03 Signing by a Corporation
- SIG-04 Signing by a Liquidator, Administrator, Official Manager or Receiver
- SIG-05 Signing by an Incorporated Association
- SIG-08 Signing by an Attorney under Power of Attorney/Enduring Power of Attorney
- SIG-09 Signing by a Local Government
- SIG-10 Signing by a Minor
- SIG-11 Signing by a Partnership
- SIG-12 Signing by a Registered Friendly Society
- SIG-13 Signing by Indigenous or Aboriginal and Torres Strait Islander Corporations
- SIG-14 Signing by a Strata Company
- SIG -16 Signing by a Plenary Administrator under a SAT order
1Updated to accommodate Community Titles