The Residential Real Property Affidavit is a crucial document in Canadian real estate transactions that provides sworn statements about various aspects of a residential property. It is typically required during property transfers, refinancing, or when formal declarations about property status are needed for legal or administrative purposes. The document includes detailed information about property ownership, occupancy status, compliance with local regulations, known issues or defects, and other material facts that may affect the property's value or transferability. This affidavit must be sworn before a qualified official and carries legal consequences for false statements. It serves multiple purposes including risk mitigation for buyers, lenders, and insurers, while also providing documentary evidence for land registry offices and municipal authorities. The document's requirements and specific content may vary by province or territory, but it generally follows a standardized format that adheres to both federal and provincial legislation regarding sworn statements and real property transactions.
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1. Declarant Information: Full legal name, address, and occupation of the person making the affidavit
2. Property Description: Legal description and municipal address of the subject property
3. Basis of Knowledge: Statement explaining how the declarant has knowledge of the facts being sworn to
4. Ownership Declaration: Sworn statements regarding current ownership and legal title of the property
5. Occupancy Status: Declaration regarding current occupancy status of the property
6. Property Use: Confirmation of property's use as residential property and compliance with zoning laws
7. Title Status: Declarations regarding any liens, encumbrances, or claims against the property
8. Utility Services: Confirmation regarding connection and status of essential utility services
9. Property Condition: Declarations regarding the physical condition of the property and known defects
10. Verification: Formal declaration of truth and acknowledgment of legal consequences for false statements
11. Execution: Signature block, commissioner information, and date of swearing/affirming
1. Environmental Matters: Additional declarations regarding environmental conditions or hazards, used when there are specific environmental concerns
2. Building Permits: Declarations regarding building permits and improvements, used when recent construction or renovations have occurred
3. Spousal Consent: Additional declarations regarding spousal rights under family law, used when required by provincial law
4. Heritage Status: Declarations regarding historical designation or heritage status, used for properties with historical significance
5. Rental Units: Additional declarations regarding tenant occupancy and lease agreements, used for properties with rental units
6. Indigenous Lands: Special declarations regarding Indigenous land rights or claims, used when property is on or near Indigenous territories
7. Bankruptcy/Insolvency: Additional declarations regarding bankruptcy status, used when relevant to the transaction
1. Schedule A - Property Legal Description: Detailed legal description of the property including lot numbers, plan numbers, and boundaries
2. Schedule B - Title Search Results: Summary of recent title search results showing ownership history and registered interests
3. Schedule C - Property Survey: Reference to or copy of current property survey or real property report
4. Schedule D - Supporting Documents: List of referenced documents that support the declarations made in the affidavit
5. Schedule E - Photographs: If relevant, dated photographs of the property or specific features mentioned in the affidavit
Relevant legal definitions
Affiant
Property
Legal Description
Municipal Address
Title
Encumbrance
Lien
Easement
Zoning By-laws
Occupancy
Principal Residence
Improvements
Building Permit
Utility Services
Material Defect
Commissioner of Oaths
Sworn Statement
Registered Owner
Legal Title
Beneficial Owner
Environmental Hazard
Heritage Designation
Land Registration System
Real Property Report
Supporting Documentation
Spouse
Matrimonial Home
Work Order
Building Code
Transfer
Property
Legal Description
Municipal Address
Title
Encumbrance
Lien
Easement
Zoning By-laws
Occupancy
Principal Residence
Improvements
Building Permit
Utility Services
Material Defect
Commissioner of Oaths
Sworn Statement
Registered Owner
Legal Title
Beneficial Owner
Environmental Hazard
Heritage Designation
Land Registration System
Real Property Report
Supporting Documentation
Spouse
Matrimonial Home
Work Order
Building Code
Transfer
Clauses
Declarant Identity
Property Identification
Ownership Status
Title Declaration
Property Occupancy
Zoning Compliance
Environmental Status
Building Compliance
Utility Status
Property Condition
Encumbrance Declaration
Spousal Rights
Municipal Compliance
Heritage Status
Property Use
Insurance Status
Financial Status
Legal Proceedings
Verification and Oath
Supporting Documentation
Commissioner Certification
Property Identification
Ownership Status
Title Declaration
Property Occupancy
Zoning Compliance
Environmental Status
Building Compliance
Utility Status
Property Condition
Encumbrance Declaration
Spousal Rights
Municipal Compliance
Heritage Status
Property Use
Insurance Status
Financial Status
Legal Proceedings
Verification and Oath
Supporting Documentation
Commissioner Certification
Relevant Industries
Real Estate
Legal Services
Financial Services
Insurance
Public Administration
Construction
Property Development
Property Management
Title Insurance
Mortgage Lending
Relevant Teams
Legal
Real Estate
Compliance
Documentation
Property Management
Title Insurance
Mortgage Processing
Risk Assessment
Transaction Processing
Client Services
Relevant Roles
Real Estate Lawyer
Property Lawyer
Real Estate Agent
Real Estate Broker
Title Insurance Officer
Mortgage Underwriter
Property Manager
Real Estate Paralegal
Legal Assistant
Conveyancing Clerk
Commissioner of Oaths
Notary Public
Real Estate Transaction Coordinator
Compliance Officer
Real Estate Documentation Specialist
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