Owner Affidavit for Canada

Owner Affidavit Template for Canada

An Owner Affidavit is a sworn legal document used throughout Canadian jurisdictions where a property owner formally declares specific facts about their property ownership, condition, and related matters under oath. The document serves as a formal statement of truth regarding property details, ownership status, encumbrances, and other relevant property-related declarations. It must comply with federal and provincial requirements for sworn statements and is typically executed before a commissioner of oaths or notary public, making it a legally binding declaration that can be relied upon by various parties in real estate transactions, legal proceedings, or administrative matters.

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What is a Owner Affidavit?

The Owner Affidavit serves as a crucial document in Canadian real estate transactions and legal matters where formal verification of property-related facts is required. This sworn statement is commonly used in property sales, refinancing, title insurance applications, or when dealing with municipal authorities. The document requires the property owner (affiant) to make specific declarations under oath about various aspects of their property, including ownership status, encumbrances, recent improvements, and other relevant matters. Owner Affidavits are particularly important in situations where third parties need reliable verification of property-related information, and the sworn nature of the document adds a level of legal accountability to the statements made. The document must comply with both federal and provincial requirements for sworn statements and is typically prepared with legal assistance to ensure all necessary declarations are properly included.

What sections should be included in a Owner Affidavit?

1. Opening Statement: Formal introduction identifying the affiant, their place of residence, and that the statement is made under oath

2. Personal Information: Details about the affiant including full legal name, occupation, and current address

3. Property Description: Legal description and municipal address of the subject property

4. Ownership Declaration: Statement confirming ownership status, including date and method of acquisition

5. Possession Statement: Declaration regarding current possession and occupancy of the property

6. Title Status: Statements regarding the current state of title, any encumbrances, liens, or other claims

7. Utilities and Taxes: Confirmation that all property taxes and utility charges are current

8. Improvements Declaration: Statement regarding any recent improvements or construction on the property

9. Attestation: Formal closing statement affirming the truth of the declarations

10. Signature Block: Space for affiant's signature, date, and commissioner of oaths information

What sections are optional to include in a Owner Affidavit?

1. Marital Status Declaration: Required when property is a matrimonial home or when marital status affects property rights

2. Bankruptcy Declaration: Statement regarding any bankruptcy proceedings, required for certain transactions

3. Environmental Matters: Declarations regarding environmental conditions or concerns, used when required by jurisdiction or circumstances

4. Pending Litigation: Statement regarding any ongoing legal proceedings affecting the property, included when relevant

5. Insurance Claims History: Details of past insurance claims, included when required by title insurance or lenders

6. Building Permit Compliance: Statements regarding compliance with building permits and codes, used for properties with recent construction

What schedules should be included in a Owner Affidavit?

1. Schedule A - Property Legal Description: Detailed legal description of the property if too lengthy for main document

2. Schedule B - Title Documents: Copies of relevant title documents referenced in the affidavit

3. Schedule C - Survey or Site Plan: Current survey or site plan of the property when referenced in affidavit

4. Schedule D - Building Permits: Copies of building permits and related documentation if referenced

5. Schedule E - Tax Receipts: Copies of property tax receipts or statements when required

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

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Real Estate

Legal Services

Banking & Finance

Insurance

Construction & Development

Property Management

Municipal Government

Title & Registry Services

Relevant Teams

Legal

Real Estate

Property Management

Mortgage Operations

Title Insurance

Document Processing

Compliance

Administrative Services

Risk Management

Customer Relations

Relevant Roles

Real Estate Lawyer

Property Manager

Title Insurance Officer

Mortgage Loan Officer

Real Estate Agent

Legal Assistant

Paralegal

Land Registry Clerk

Municipal Planning Officer

Property Administrator

Conveyancing Lawyer

Real Estate Transaction Coordinator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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