Real Estate Affidavit Template for Canada

A Real Estate Affidavit is a sworn legal statement that provides verified information about property ownership, title status, and other crucial details in Canadian real estate transactions. You'll need this document to formally declare facts about your property under oath, making it legally binding and subject to penalties for false statements. The affidavit must be signed before a qualified Commissioner of Oaths, Notary Public, or lawyer authorized to administer oaths in your province.

When do you need this document?

You'll require a Real Estate Affidavit in various property-related situations throughout Canada. During property sales or purchases, lenders and title insurance companies often demand affidavits confirming ownership details and the absence of undisclosed encumbrances. If you're refinancing your mortgage, your lender may request an affidavit verifying your continued ownership and any changes to the property since the original purchase. When clearing title defects or resolving boundary disputes, an affidavit can provide sworn testimony about property boundaries, improvements, or historical use. You may also need this document when dealing with estates, particularly if you're inheriting property or need to confirm the deceased's ownership status.

Key legal considerations

Your Real Estate Affidavit must include accurate identification of yourself as the affiant, including your full legal name, occupation, and current address. The document requires a precise legal description of the property, including both the municipal address and the formal legal description found on your deed or title. You must clearly state your relationship to the property and the basis for your knowledge of the facts you're swearing to. Critical declarations include confirmation of your ownership status, disclosure of any liens, mortgages, or encumbrances, and statements about property taxes, utilities, and possession rights. Remember that making false statements in an affidavit constitutes perjury, which can result in criminal charges and significant penalties.

Legal requirements in Canada

Under the Canada Evidence Act and provincial legislation such as the Land Titles Act and Registry Act, your Real Estate Affidavit must meet specific legal standards to be valid. The document must be sworn before someone authorized to administer oaths in your province, such as a Commissioner for Taking Affidavits, Notary Public, or lawyer. Each province has its own Commissioners for Taking Affidavits Act that determines who can legally witness your oath. The affidavit must include a proper jurat clause confirming when and where it was sworn, and before whom. You'll need to provide valid government-issued photo identification to the person administering the oath. The completed affidavit must be filed with the appropriate land registry office or other relevant authority as required by your province's Real Property Act or equivalent legislation.