How to Notarise a Property Title Deed in Australia

To notarise proof of Australian property ownership, bring a current title search from the state's land titles register, not an old paper deed. A notary certifies a copy of the search, and often witnesses your sworn statement that you own the property. DFAT then adds an apostille or authentication so the overseas body will accept it.

Key takeaways

• Most Australian land is held under the Torrens system. Ownership is what the state or territory's register records, not what a piece of paper says.
• Paper certificates of title have been reduced or phased out in several states and territories. An old one may no longer prove anything current.
• What an overseas body can rely on is usually a current title search, ordered close to the appointment.
• A notary certifies the copy and witnesses your statement. The notary does not certify that you own the property.
• For use overseas, a Justice of the Peace's certification is not recognised and cannot be apostilled. You need a notary, then DFAT.

Why do overseas bodies ask for a title deed?

People are asked for a notarised "title deed" when an overseas body wants proof that they own property in Australia. A consulate assessing a visa may want evidence of assets and ties at home. A foreign bank may want to see what a loan would be secured against. A court abroad, dealing with a divorce or an estate, may want 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. The wording of the request often comes from a country where the paper deed still is the title, so the person asking may not know the Australian position either.

What is a "title deed" in Australia?

Under the Torrens system, the state or territory keeps a register of land, and the register is the title. For many years owners were issued a paper certificate of title as evidence of their register entry. As conveyancing moved online, several states and territories reduced or ended the role of the paper certificate. 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. That is a statement from the register, obtained from the state's land titles office or an authorised search provider. It shows the registered owners, the land description, and any registered mortgages or other interests on the date it was produced.

Can you still use an old paper certificate?

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. A foreign authority that later finds out may treat the whole application with suspicion, which costs far more than a fresh search.

Rarer cases exist. Some land was historically held 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 does the notary do, and not do?

An Australian notary public certifies that a copy is a complete and accurate copy of the document they sighted. A notary can also witness your signature and administer an oath. The notary does not certify that you own the property, that the title is free of mortgages, or that the search is current. The register answers those questions, and the receiving authority can ask the register directly.

That leads to the practical question with title searches. A 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 to annex the search to your sworn statement. 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 sworn statement in which you say that you own the property and how it is held, for example jointly with a spouse. It also states that the attached search relates to it. For use overseas, that is usually an affidavit sworn before the notary, or a declaration in the form the foreign body asks for. An Australian statutory declaration is designed for Australian use. This combination is often what a consulate really wants: a formal statement from you, backed by the register. See legal declarations for how declarations are prepared.

How does the whole process run?

1. Ask the receiving body what it wants: a certified copy of a search, a sworn statement, or both, and how recent the search must be.
2. Order a current title search from the land titles office or an authorised provider, close to the appointment.
3. Draft your statement if one is needed, but do not sign it. The notary must watch you sign or swear.
4. Attend the notary with photo identification in the name on the title, ideally your passport.
5. Send the notarised documents to DFAT for an apostille or authentication, then to the embassy or translator if required.

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.

Is a Justice of the Peace ever enough?

For use inside Australia, a copy certified 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. Some state JP bodies also tell their JPs not to witness documents for use overseas. For a foreign consulate, bank or court, you need a notary. For how certified copies work more generally, see document notarisation.

How does the apostille or legalisation step work?

The notarial certificate is an Australian act. The Department of Foreign Affairs and Trade (DFAT) then verifies the notary's signature and seal.

• If the destination is a party to the Hague Apostille Convention, DFAT issues an apostille. Membership changes, so check the HCCH status table on the day.
• If it is not a party, 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 verifies signatures and seals it can check, and its list of documents it can legalise is the place to start. Whether a particular search qualifies is a question for DFAT, not a guess. For the step itself, see apostille and authentication.

If the destination does not work in English, expect a translation of the search and any statement. Ask the receiving authority whether translation comes before or after the apostille, and who it accepts as a translator.

What might the receiving body ask for?

Receiving body	Commonly wants	Watch for
Consulate assessing a visa	Title search plus your sworn statement	How recent the search must be
Foreign bank considering a loan	Title search showing any mortgage	A mortgage statement as well
Foreign court, divorce or estate	Title search and a sworn disclosure	Advice from a lawyer there
Foreign tax or asset declaration	As that authority specifies	Its own form and wording

What drives the size of the job is the bundle. A consulate may want the title search, a rates notice, a mortgage statement and a statement from you, each certified. List every item before the appointment, and bring the originals of anything that is not the search.

When should you see a solicitor instead?

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

Here is an illustration, not a real case

A Hobart couple applying for a long-stay visa in a European country are asked for a "notarised title deed" for their home. They have no paper certificate. They ask the consulate what it wants and learn it will accept a current title search with a sworn statement from each owner. They order the search the week before, draft two short affidavits, and attend a notary together with their passports. Each swears their own affidavit, the notary certifies a copy of the search, and DFAT apostilles the bundle.

In short

Australia rarely has a paper title deed to notarise. The evidence of ownership is the state register, shown by a current title search. A notary certifies a copy of that search and often witnesses your sworn statement tying you to it; the notary does not vouch for ownership. DFAT then apostilles or authenticates the notarised documents. Check old paper certificates before using them, and see a solicitor if the question is how the property is held.

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Asked for a title deed by an overseas body? Send us the request, and we will explain each step before you book.