Affidavit Of Title (Real Estate) Template for Canada

When you're involved in a Canadian real estate transaction, whether buying, selling, or refinancing property, you'll likely encounter an Affidavit of Title. This sworn legal document serves as your formal declaration of property ownership and helps protect all parties involved in the transaction from potential title issues and undisclosed claims.

When do you need this document?

You'll need an Affidavit of Title in several key situations. Most commonly, it's required when you're selling your property and need to confirm your legal ownership to the buyer and their lender. Mortgage lenders typically demand this document before approving financing to ensure there are no hidden liens or claims against the property. Title insurance companies also require this affidavit to assess risks and provide coverage. Additionally, you may need this document when refinancing your existing mortgage or when updating your property records with the provincial land registry office.

Key legal considerations

Your affidavit must accurately declare several critical aspects of your property ownership. You'll need to confirm how long you've owned the property and the exact nature of your legal title. The document requires you to disclose any outstanding mortgages, liens, judgments, or other encumbrances affecting the property. You must also declare whether there are any pending legal proceedings involving the property or any agreements of purchase and sale you've entered into. Tax compliance is another crucial element – you'll need to confirm that all property taxes are current and that you haven't received any tax notices. The affidavit also covers possession status, requiring you to declare who currently occupies the property and whether there are any lease agreements in place.

Legal requirements in Canada

In Canada, your Affidavit of Title must comply with both federal and provincial legislation. The Canada Evidence Act governs the taking of oaths and affidavits, requiring that your statement be sworn before a qualified Commissioner of Oaths or Notary Public. Provincial Land Titles Acts and Registry Acts establish specific requirements for property documentation and registration procedures that your affidavit must satisfy. Each province has particular formatting and content requirements, so you'll need to ensure your document meets your specific provincial standards. The Electronic Commerce Acts in various provinces may allow for electronic execution in certain circumstances, though traditional sworn affidavits are still commonly required. Your affidavit becomes part of the permanent land records, so accuracy and completeness are essential. Any false statements in your affidavit can result in serious legal consequences, including potential criminal charges for perjury and civil liability for damages suffered by other parties who relied on your declarations.