Civil Procedure

Notarial Deed

A formal document prepared and attested by a notary public (a specialised attorney). Certain transactions must be executed as notarial deeds — for example, antenuptial contracts and servitudes over land.

Legal Definition

A notarial deed is a document executed before a notary public and attested (certified) by the notary. It has enhanced evidentiary status in court. In South Africa, the following must be notarial deeds to be valid: antenuptial contracts, long leases to be registered against title, general and special notarial bonds, and servitudes over immovable property.

📖 Constitutional / Statutory Basis: Section 34 (access to courts — evidentiary value)

Practical Example

A couple signs an antenuptial contract before a notary public to marry out of community of property. The notarial deed is registered in the Deeds Registry.

Frequently Asked Questions

What is the difference between a notary and a commissioner of oaths in South Africa?

A commissioner of oaths can certify signatures and oaths on simple documents. A notary public (notarius publicus) is a specialised attorney who executes notarial deeds, authenticates documents for international use, and performs functions under the Notarial Practice Rules.

Must an antenuptial contract be a notarial deed in South Africa?

Yes. An antenuptial contract that is not executed before a notary public and registered in the Deeds Registry within 3 months of marriage is void against third parties (creditors). The couple will then be deemed married in community of property.

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