The Affidavit of Title is a fundamental document in Canadian property law, required in various situations where formal verification of property ownership and status is necessary. This sworn statement is commonly used in property sales, refinancing, or when establishing clear title for legal purposes. The document requires the property owner (deponent) to make declarations under oath about various aspects of the property, including ownership history, encumbrances, disputes, and compliance with local regulations. The Affidavit of Title holds significant legal weight as it is sworn before a Commissioner of Oaths or Notary Public, with serious consequences for false statements. It provides essential protection for buyers, lenders, and other parties by documenting the owner's assertions about the property's legal status. The document must comply with both federal Canadian legislation and specific provincial requirements regarding property law and sworn statements.
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1. Opening Declaration: Formal opening stating deponent's name, occupation, and address, with oath/affirmation declaration
2. Identity and Authority: Details establishing deponent's identity and their authority to make statements about the property
3. Property Description: Legal description of the subject property including address and registered title details
4. Ownership Declaration: Statement of current ownership status, duration of ownership, and manner of acquisition
5. Title Status: Declaration regarding clear title and absence of encumbrances except those specifically listed
6. Possession Status: Confirmation of peaceful possession and absence of adverse claims
7. Tax Status: Declaration regarding current status of property taxes and any outstanding amounts
8. Utilities and Assessments: Statement about utility charges and special assessments
9. Verification Statement: Final declaration of truth and accuracy of all statements made
1. Pending Litigation: Section declaring any pending lawsuits affecting the property, included when relevant
2. Bankruptcy Declaration: Statement regarding bankruptcy status, included for individual property owners
3. Matrimonial Status: Declaration of marital status and spouse's rights, included when property is a matrimonial home
4. Environmental Conditions: Statements about environmental issues or hazards, included for properties with potential environmental concerns
5. Tenant Rights: Declaration regarding existing tenancies and lease agreements, included for rented properties
6. Building Compliance: Statements about compliance with building codes and permits, included for properties with recent construction
7. Indigenous Rights: Declaration regarding any Indigenous rights or claims, included for properties in relevant areas
1. Schedule A - Legal Property Description: Detailed legal description of the property including lot numbers, plan numbers, and boundaries
2. Schedule B - Title Search Results: Recent title search results showing chain of ownership and registered interests
3. Schedule C - Tax Assessment Documents: Current property tax assessment and payment status documentation
4. Schedule D - Survey Plan: Current survey plan or reference plan of the property
5. Schedule E - Permitted Encumbrances: List of all permitted encumbrances, easements, or rights-of-way
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