Gap Affidavit for United Arab Emirates

Gap Affidavit Template for United Arab Emirates

A Gap Affidavit is a formal sworn statement used in the United Arab Emirates to address and explain periods where there is missing or incomplete documentation in a property's chain of title. This legal document, which must comply with UAE federal laws and emirate-specific regulations, provides a detailed account of property ownership during undefined periods and includes supporting evidence to validate the claims made. The document requires proper notarization and, when necessary, legal translation between Arabic and English to meet UAE requirements. It serves as a crucial tool in real estate transactions where historical ownership records are incomplete or unclear.

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What is a Gap Affidavit?

A Gap Affidavit is a critical legal document used in the United Arab Emirates when there are breaks or inconsistencies in a property's documented chain of title. This document becomes necessary when historical ownership records are incomplete, unclear, or missing, typically during property transactions, refinancing, or title clearance processes. The affidavit must comply with UAE Federal Law No. 5 of 1985 (Civil Transactions Law) and relevant emirate-specific property laws. It contains sworn statements about the property's ownership during the gap period, supported by available evidence and documentation. The document requires proper notarization under UAE Federal Law No. 4 of 2013 and may need legal translation between Arabic and English. A Gap Affidavit helps establish clear title and enables property transactions to proceed when traditional documentation is insufficient.

What sections should be included in a Gap Affidavit?

1. Affiant Information: Details of the person making the sworn statement, including full legal name, Emirates ID number, and current address

2. Property Identification: Complete legal description of the subject property, including plot number, municipality number, and emirate location

3. Gap Period Declaration: Specific dates defining the gap period being addressed, from start date to end date

4. Factual Background: Detailed explanation of the circumstances that led to the gap in title or ownership records

5. Statement of Ownership: Clear declaration of who owned the property during the gap period and the basis for this knowledge

6. Supporting Evidence: Reference to any documentation or evidence that supports the statements made about the gap period

7. Verification Statement: Standard legal language confirming that the affiant is making these statements under oath and understands the legal implications

What sections are optional to include in a Gap Affidavit?

1. Third Party Claims: Section addressing whether any third parties made claims to the property during the gap period - include when there are known disputes or claims

2. Chain of Title: Detailed chronological history of property ownership - include when the gap period involves multiple transfers or complex ownership changes

3. Payment Verification: Details of any payments made or received related to the property during the gap period - include when financial transactions are relevant to establishing ownership

4. Occupancy Statement: Information about who occupied the property during the gap period - include when physical possession is relevant to establishing ownership

What schedules should be included in a Gap Affidavit?

1. Schedule 1 - Supporting Documents: List and copies of all referenced supporting documents such as old contracts, correspondence, or payment receipts

2. Schedule 2 - Property Documents: Copies of relevant property documentation, including old title deeds, site plans, or property cards

3. Schedule 3 - Identity Documents: Copies of affiant's identification documents and proof of authority to make the declaration

4. Appendix A - Chronological Timeline: Visual representation of the chain of events during and around the gap period

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Real Estate

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Legal

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Real Estate Lawyer

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Property Registration Officer

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