Disclaimer: Nothing in this article constitutes legal advice, nor does it establish a solicitor-client relationship between the reader and Alpine Legal Services.
Yes. In British Columbia a notary public can notarize real estate documents, witness the signatures on land title forms, and handle the full conveyancing on most residential purchases, sales, and refinances. BC notaries are trained and regulated to do this work, which is different from notaries in many other parts of Canada and the US who can only witness signatures.
What a notary cannot do is go to court or act for you in a dispute. If something goes wrong with a deal, you need a lawyer. Below we cover which real estate documents a notary can notarize in BC, what happens at the signing, and when it makes sense to use a lawyer who is also a notary public.
Can a Notary Notarize Real Estate Documents in BC?
A BC notary public is a member of the Society of Notaries Public of British Columbia. Under the Notaries Act, BC notaries can prepare and witness documents that transfer or charge land, prepare mortgages, and register those documents at the Land Title Office. That means a notary can do more than stamp a page. They can run the whole legal side of a straightforward property transaction.
When a notary witnesses your signature on a land title form, they are acting as an officer under the Land Title Act. By signing as the officer, they certify that they confirmed your identity and that you signed the document in front of them. That certification is what lets the Land Title Office accept the document without further proof of who signed it.
Practising lawyers in BC can also act as notaries public, so a lawyer can notarize the same real estate documents. At Alpine Legal Services, our team includes lawyers and notaries public, so every signing is backed by someone who can also give legal advice if a problem comes up.
Real Estate Documents a Notary Can Notarize or Witness
Here are the documents a notary commonly signs with you on a BC property transaction:
- Form A Freehold Transfer. The document that transfers ownership from the seller to the buyer. It must be signed in front of an officer such as a lawyer or notary public.
- Form B Mortgage. The mortgage registered against the property for your lender. Your notary witnesses your signature and registers it at closing.
- Mortgage discharge documents. When a seller pays off their mortgage, the notary or lawyer handles the payout and the discharge from title.
- Statutory declarations. Sworn statements often required by lenders or the other side, for example about residency, marital status, or the use of the property.
- Land Owner Transparency Act declarations. A transparency declaration filed with the transfer when you buy property in BC.
- Power of attorney documents. A power of attorney that will be used to sign land title documents usually needs to be witnessed by a lawyer or notary public to be accepted by the Land Title Office.
- Title transfers between family members. Adding a spouse, removing a name, or moving property between family members. See our title transfer services.
- Out-of-province documents. If you are selling a home in another province, a BC notary or lawyer can often witness your signature on those documents for the lawyer handling the file there.
Some documents in a deal are signed but not notarized, such as the Contract of Purchase and Sale and the Statement of Adjustments. Your notary or lawyer still reviews these with you before closing.
What Happens When a Notary Signs Real Estate Documents With You
Most real estate signings follow the same pattern, whether you are buying, selling, or refinancing:
- ID check. You bring valid government-issued photo ID. Notaries and lawyers in BC are required to verify your identity before acting for you.
- Review. The notary walks you through each document, including your mortgage terms, the Statement of Adjustments, and how much you need to bring to closing.
- Signing. You sign in front of the notary, who signs as the witnessing officer and applies their seal where needed.
- Registration. On or before the completion date, the notary or lawyer submits the documents electronically to the Land Title Office and handles the money through their trust account.
In most cases, land title and mortgage documents need original signatures signed in person. If you live outside BC, video signing or using a lawyer or notary near you as an agent may be options. Ask about this early so it does not hold up your closing. Our guide on the BC real estate closing process covers the timeline in more detail.
Notary or Lawyer for Your Real Estate Documents?
For a simple residential purchase, sale, or refinance, a notary public is fully able to prepare and notarize your documents. A lawyer is the better choice when the deal has more moving parts, such as:
- A contract dispute, a buyer or seller backing out, or a deficiency claim
- Estate sales, court-ordered sales, or properties held in a trust
- Complex title problems, unregistered easements, or boundary disputes
- Separation or divorce where the property is part of a family law matter
- Commercial or mixed-use properties with leases or tenants
A notary cannot represent you in court or argue a dispute on your behalf. With a lawyer who is also a notary public, you get the signing and the legal advice in one place. We compare the two in more depth in notary or lawyer for real estate in BC.
How Much Does It Cost to Have Real Estate Documents Notarized?
It depends on what you need. Witnessing a single document like a statutory declaration costs much less than full conveyancing on a purchase, which includes the title search, document preparation, registration, and trust account handling. Ask for a written quote that lists fees and disbursements separately. Our guide to notary costs in BC explains what goes into the price.
FAQ About Notarizing Real Estate Documents in BC
Can a notary transfer a property title in BC?
Yes. A BC notary public can prepare the Form A Freehold Transfer, witness the signatures, and register the transfer at the Land Title Office, as long as the transfer does not involve a dispute.
Can a notary witness a mortgage in BC?
Yes. Notaries regularly prepare, witness, and register Form B mortgages for purchases and refinances in BC.
Can any notary in Canada notarize BC land title documents?
Not always. Land title documents for BC property have to be signed in front of an officer that the Land Title Act accepts. Outside BC, extra steps such as an affidavit of execution may be needed. Your BC lawyer or notary will tell you what the out-of-province signer needs to do.
Do I need to bring anything to a real estate signing?
Bring valid government-issued photo ID, a void cheque or banking details if requested, and any documents your notary or lawyer asked for, such as your lender’s commitment letter or strata documents.
Get Your Real Estate Documents Notarized in the Fraser Valley
Alpine Legal Services is a team of lawyers and notaries public handling real estate signings, notarizations, and full conveyancing across Chilliwack, Abbotsford, Langley, Surrey, and the rest of the Fraser Valley. If you need a notary public in Chilliwack for a purchase, sale, refinance, or title transfer, we can help, backed by hundreds of five-star Google reviews.
Contact Alpine Legal to book your signing, or learn more about our purchase of property services.
Reviewed by Shanal Prasad, Lawyer, Notary Public, and Chartered Professional Accountant. Shanal is the founder of Alpine Legal Services and has helped hundreds of Fraser Valley families and individuals with their real estate transactions.
