Affidavit Of Title Template for Canada

What is a Affidavit Of Title?

The Affidavit of Title is a fundamental document in Canadian property law, required in various situations where formal verification of property ownership and status is necessary. This sworn statement is commonly used in property sales, refinancing, or when establishing clear title for legal purposes. The document requires the property owner (deponent) to make declarations under oath about various aspects of the property, including ownership history, encumbrances, disputes, and compliance with local regulations. The Affidavit of Title holds significant legal weight as it is sworn before a Commissioner of Oaths or Notary Public, with serious consequences for false statements. It provides essential protection for buyers, lenders, and other parties by documenting the owner's assertions about the property's legal status. The document must comply with both federal Canadian legislation and specific provincial requirements regarding property law and sworn statements.

About the Affidavit Of Title

An Affidavit of Title is a legally binding sworn statement that you must provide when someone needs formal verification of your property ownership and its legal status. This document serves as your official declaration under oath about various aspects of your property, including ownership history, any liens or encumbrances, ongoing disputes, and compliance with local regulations.

When do you need this document?

You'll need an Affidavit of Title during property sales when the buyer's lawyer requires confirmation of clear title. Mortgage lenders typically request this document during refinancing to verify that no new encumbrances have been placed on your property. Title insurance companies may require it before issuing coverage, and it's often necessary when resolving boundary disputes or when there are gaps in the chain of title. If you're dealing with estate property transfers or need to correct errors in public records, this affidavit becomes essential documentation.

Key legal considerations

Your affidavit must include specific declarations about property ownership, including how and when you acquired the property. You'll need to disclose any mortgages, liens, easements, or other encumbrances affecting the title. The document requires you to state whether there are any pending legal proceedings involving the property and confirm compliance with zoning bylaws and building codes. Because this is a sworn statement, any false information constitutes perjury under Section 131 of the Criminal Code of Canada, which carries serious penalties including imprisonment. You must also declare any recent improvements or alterations to the property and confirm that all property taxes are current.

Legal requirements in Canada

Under the Canada Evidence Act, your affidavit must be sworn before a Commissioner of Oaths or Notary Public who will verify your identity and witness your oath. Each province has specific Land Title Act requirements that govern property-related affidavits, so your document must comply with your provincial legislation. The Personal Property Security Act may require additional declarations about personal property fixtures or security interests. Your affidavit must include a complete legal description of the property as registered in the Land Registry Office, and you must provide accurate details about the current registered ownership. Provincial Commissioners for Taking Affidavits Acts specify who can legally administer the oath, and the document must follow prescribed formatting requirements for court admissibility.