The process for transferring the ownership of a property on the Land Registry (maintained by Landgate) requires certain documents to be completed, signed and witnessed.
Depending upon the nature of the transaction one or many forms may be required. Landgate has over 100 forms that can form part of the transfer of land process. Your settlement agent is trained to complete these forms so that they meet all the statutory requirements for registration.
The two most common forms that you will be required to sign to facilitate the transfer of title are the Client Authorisation Form and the Transfer of Land.
For settlements that are able to be completed electronically, the Client Authorisation Form is required to be signed. This form authorises the buyer or seller’s conveyancer to sign electronic instruments such as the Transfer of Land specific to that transaction on behalf of their client.
For settlements that are not able to be completed electronically, the buyer’s conveyancer will prepare the Transfer of Land document. During the course of settlement, both the buyer & seller will sign the Transfer of Land and have their signatures witnessed by a person over the age of 18 years, who is not a party to the transaction. The seller’s conveyancer will generally then hold this document and bring it to settlement.
If you are required to sign settlement documents whilst you are overseas, you will need to make an appointment with your closest Australian Consulate. Both the Client Authorisation Form and the Transfer of Land, where signed overseas, must be witnessed by an Australian Consular Officer.
It is important that you notify your nominated conveyancer if you will be overseas for part or all of the settlement period. They will provide you with the necessary documents and instructions to take with you to your appointment at the Consulate.
During the settlement process, there will be a number of other forms that your conveyancer and your bank will send to you for signing. It is important that you read and understand all of the documents prior to signing them. If you are unsure about any of the forms, your conveyancer will be pleased to explain them to you.