New LPI Witness Requirements

From 1 November 2011 new requirements come into force in relation to witnessing documents. Witnesses to documents will need to confirm the identity of a person that has asked for their signature to be witnessed on an LPI dealing, application or caveat.

The new witnessing requirements will generally apply to retirement village documentation where residents are registered interest holders. This will apply to registered leases, surrenders of leases and notices of death and any other document that an operator may lodge with the LPI from time to time.

Section 117 of the Real Property Act 1900 requires all dealings, caveats and applications to be signed in the presence of an "eligible witness", who also signs the document.