Property Affidavit Template for England and Wales

A property affidavit is a sworn written statement concerning facts relating to land or other property. It is used in England and Wales when primary documentary evidence is absent, for example to fill a gap in a title chain at HM Land Registry, establish a beneficial interest under a trust, support an adverse possession application, or clarify ownership in estate administration.

The affidavit is sworn by the person with direct knowledge of the relevant facts. It must be administered before a solicitor of the Senior Courts of England and Wales, a commissioner for oaths, or a notary public. The deponent signs in the presence of the authorised person, who adds a jurat recording the date, place, and their own name and qualification.

HM Land Registry accepts statutory declarations (made under the Statutory Declarations Act 1835) rather than sworn affidavits for most title gap applications. The declaration must be made by someone with relevant knowledge of the property's history. A solicitor managing the application will advise on the exact form required, which varies by the nature of the title defect.

An affidavit is sworn on oath or affirmation and used in court proceedings; a statutory declaration is made without oath and used in non-contentious administrative matters. Both carry criminal penalties for false statements. HM Land Registry typically prefers statutory declarations for title matters, while courts require affidavits in contested property litigation.

Yes. Where co-owners did not set out their respective beneficial shares in a declaration of trust at the time of purchase, an affidavit from the parties (or witnesses to the arrangements) can be used in court to establish the intended shares under the Trusts of Land and Appointment of Trustees Act 1996. Courts weigh such evidence alongside financial records and correspondence.

A false property affidavit constitutes perjury under the Perjury Act 1911, a criminal offence carrying up to seven years' imprisonment. Civilly, reliance on a false affidavit may give rise to claims in deceit or negligent misrepresentation. HM Land Registry and courts have powers to set aside transactions or registrations based on fraudulent sworn evidence.

Adverse possession applications under the Land Registration Act 2002 require evidence that the applicant has occupied the land for 10 years without the registered owner's consent. A statutory declaration (or in contested cases an affidavit) from the applicant and witnesses setting out the nature, extent, and period of occupation is the primary evidence submitted to HM Land Registry.

Property affidavits are generally filed with the court or HM Land Registry as part of the relevant application rather than registered as standalone documents. Where an affidavit is exhibited to a deed or transfer, it forms part of the title documents and is retained with the conveyancing file. HM Land Registry retains copies of statutory declarations submitted with first registration or adverse possession applications.