An Affidavit of Lost Deed is a crucial legal instrument in Irish property law, used when original property deed documents have been lost, destroyed, or become unavailable. This document becomes necessary during property transactions, refinancing, or when updating property records with the Property Registration Authority of Ireland. The affidavit must detail the circumstances of the loss, verify ownership, and include comprehensive property information. It requires careful preparation and must be sworn before an authorized official, typically a Commissioner for Oaths or practicing solicitor. The document plays a vital role in maintaining the integrity of property records and facilitating property transactions despite the absence of original documentation. Its format and content must comply with Irish property law requirements and registration procedures.
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1. Title and Introduction: Identifies the document as an Affidavit of Lost Deed and introduces the deponent making the sworn statement
2. Deponent Information: Details of the person making the affidavit, including full legal name, address, and relationship to the property
3. Property Description: Detailed description of the property including address, boundaries, and registration details
4. Original Deed Details: Information about the original deed including date of creation, parties involved, and type of deed
5. Ownership Verification: Statement confirming the deponent's ownership rights and chain of title
6. Loss Circumstances: Detailed account of when and how the deed was lost or destroyed
7. Search Efforts: Description of all attempts made to locate the lost deed
8. No Transfer Declaration: Statement that the property has not been sold, transferred, or encumbered
9. Truth Declaration: Formal declaration that all statements in the affidavit are true
10. Execution Block: Space for signature, notary/commissioner for oaths details, and date
1. Additional Title Holders: Required when there are multiple owners of the property
2. Prior Recorded Documents: Needed when referencing other recorded documents affecting the property
3. Mortgage Details: Required if there is an existing mortgage on the property
4. Insurance Claims: Needed if the loss occurred due to an insured event like fire or flood
5. Legal Proceedings: Required if there are any pending legal proceedings affecting the property
1. Schedule A - Property Details: Comprehensive legal description of the property including folio numbers and boundary details
2. Schedule B - Supporting Documents: List of attached documents supporting ownership (tax records, utility bills, etc.)
3. Schedule C - Search Records: Documentation of searches conducted to locate the deed
4. Appendix 1 - Property Registration Authority Records: Copies of relevant PRA records confirming ownership
5. Appendix 2 - Chain of Title Documentation: Copies of documents showing chain of title and ownership history
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