How to Notarise a Property Title Deed in Australia

People ask for a notarised "title deed" when an overseas body wants proof that they own property in Australia. A consulate assessing a visa wants evidence of assets and ties at home. A foreign bank wants to see what a loan would be secured against. A court abroad, dealing with a divorce or an estate, wants the Australian property disclosed properly.

The request usually assumes there is a single paper deed sitting in a drawer. In Australia there usually is not, and working out what to bring instead is most of the job.

What a "title deed" is in Australia

Most Australian land is held under the Torrens system. Ownership is whatever the state or territory's land titles register records, not whatever a piece of paper says. For many years owners were issued a paper certificate of title as evidence of that register entry. As conveyancing moved online, several states and territories reduced or ended the role of the paper certificate, and in some places certificates that once mattered have been cancelled or no longer have legal effect. The position differs between jurisdictions and has changed in recent years, so check with the land titles office in the state where the property is.

What an overseas body can actually rely on is usually a current title search: a statement from the register, obtained from the state's land titles office or an authorised search provider, showing the registered owners, the land description and any registered mortgages or other interests on the date it was produced.

One trap is worth spelling out. If you still hold an old paper certificate, do not present it as evidence of current ownership without checking its status. A notarised copy of a certificate that has since been cancelled proves only that the paper exists. It says nothing about who owns the land today, and a foreign authority that later finds out may treat the whole application with suspicion.

Rarer cases exist: some land was historically under an older deeds-based system, and strata, company title and leasehold arrangements each produce different paperwork. If yours is one of these, ask your conveyancer what the equivalent evidence of title is before you book anything.

What the notary does, and does not do

An Australian notary public certifies that a copy is a complete and accurate copy of the document they sighted, and can witness your signature and administer an oath. The notary does not certify that you own the property, that the title is unencumbered, or that the search is current. Those questions are answered by the register itself, which the receiving authority can ask for.

That leads to the practical question with title searches: the search is generated electronically, and a printout is not an original in the ordinary sense. Notaries handle this differently. Some will certify a copy of a printed search with wording that says exactly what it is; others prefer a different approach. Ask the notary before the appointment how they deal with an electronically issued register search, and ask the receiving authority whether it has a view. The wording of the notarial certificate is what the foreign official will read.

A common and useful addition is a statutory declaration or affidavit in which you state that you own the property, how it is held (for example jointly with a spouse), and that the attached search relates to it. The notary witnesses your signature or administers the oath. This is often what a consulate really wants: a formal statement from you, backed by the register.

Getting a certified copy

For use inside Australia, a certified copy by an authorised witness such as a Justice of the Peace is usually enough, and it is free. For use overseas, a JP's certification is not recognised and cannot be apostilled; you need a notary.

Order the title search close to the appointment. It is a snapshot on the day it was produced, and many receiving bodies want recent evidence. A search from last year can be accurate and still be refused for its age.

Getting it apostilled or legalised

The notarial certificate is an Australian act. The Department of Foreign Affairs and Trade authenticates the notary's signature and seal:

• If the destination is a member of the Hague Apostille Convention, DFAT issues an apostille. Membership changes, so check the HCCH status table on the day.
• If it is not a member, DFAT authenticates the document and the destination's embassy or consulate in Australia then legalises it.

Only DFAT issues apostilles in Australia; a notary cannot. Do not assume a register search can go to DFAT on its own without a notary. DFAT authenticates signatures and seals it can verify, and whether a particular search qualifies is a question for DFAT, not a guess.

If the destination does not work in English, expect a certified translation of the search and any declaration. Ask the receiving authority whether translation comes before or after the apostille.

What it costs

Notarial fees are not fixed by statute and vary between practitioners and states. As a market estimate only:

Item	Estimated range
Notarial certified copy of one document	roughly $80–$150
Witnessing a declaration at the same appointment	often similar, sometimes less
Each additional copy at the same appointment	roughly $20–$50
Title search	set by the state registry or search provider
Apostille or authentication	set by DFAT, per document
Embassy legalisation	set by each embassy

What drives the total is the bundle. A consulate may want the title search, a rates notice, a mortgage statement and a declaration, each certified.

When to see a solicitor instead

If the overseas matter turns on how the property is owned, such as joint tenancy versus tenancy in common, a trust, a dispute between co-owners or a transfer to someone else, you need a solicitor or conveyancer. A notary certifies documents and witnesses signatures; they do not advise on title. Transferring or mortgaging the property is a different process again, largely handled electronically through a conveyancer.

Frequently asked questions

Does the notary check that I actually own the property? No. The notary certifies the copy. Ownership is shown by the register, and the receiving authority can rely on the search or obtain its own.

The property is in my spouse's name as well. Do they need to attend? Not for a certified copy of a search. If the receiving authority wants a declaration from every owner, each owner signs their own, in front of a notary.

I have the old paper certificate. Can I just use that? Check its status with the land titles office first. In some states a paper certificate may no longer be evidence of anything current.

The property is overseas, not in Australia. Then the title comes from that country's registry and is authenticated there. An Australian notary cannot vouch for a foreign register.