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Property-related notarial instrument — Notary
A property buyer, seller or owner may need a formal document for a transaction in another jurisdiction or under a local notarial system. Provide the intended act and the receiving professional's instructions so the notary can distinguish property drafting from authentication of a signature or authority document.
Service scope
Notarial or formal-document work connected with a property transaction where required or appropriate in the relevant legal system. It may concern a property instrument or authentication for overseas use, but does not automatically include conveyancing, title investigation or tax advice.
What is normally included
- Identification of the property document required
- Review of party and representation details
- Authorised notarial preparation or authentication
What is not included
- Guaranteed transfer of title
- Universal conveyancing representation
- Independent survey or valuation of the property
Typical tasks
- Identify the transaction and destination
- Clarify the requested document act
- Check parties and representative capacity
- Coordinate with the receiving professional
- Complete the agreed formal-document step
What to include in your brief
- Property jurisdiction
- Type of transaction
- Document or instruction received
- Capacity of the signer
- Transaction timing and adviser contact arrangement
Choosing the right professional
Check experience with the property jurisdiction and the exact notarial act. Ask who is responsible for title, transaction advice, registration and tax matters; those responsibilities should not be inferred simply because a notary is involved with one document.
Important considerations
- Transaction deadlines may depend on several professionals
- A document act does not establish good title
- Overseas forms can have specific language or witnessing requirements
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