The Uninsured Deed Affidavit is a crucial document in Canadian real estate transactions where parties opt not to obtain title insurance. It serves as a protective measure for both sellers and buyers by providing sworn statements about various aspects of the property's status and history. This document becomes particularly important in jurisdictions across Canada where title insurance is not mandatory or where parties choose to rely on traditional title verification methods. The affidavit typically includes detailed declarations about property ownership, possession history, boundary issues, tax status, liens, and encumbrances. It helps establish clear title history and provides additional security in property transfers by creating a formal record of the seller's declarations about the property's status.
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1. Affiant Information: Identifies the person making the affidavit, including their full legal name, address, and relationship to the property or transaction
2. Property Description: Detailed legal description of the subject property, including municipal address and legal property identifiers
3. Title History Declaration: Statement regarding the chain of title and duration of ownership
4. Possession Declaration: Declarations regarding peaceful and uninterrupted possession of the property
5. Boundary Declaration: Statements regarding property boundaries, surveys, and any known encroachments
6. Tax Status: Declaration regarding the current status of property taxes and any outstanding amounts
7. Liens and Encumbrances: Statement regarding any known liens, mortgages, or other encumbrances affecting the property
8. Execution Block: Formal execution section including the jurat, commissioner information, and signature blocks
1. Construction Declaration: Required when there has been recent construction on the property, addressing potential construction liens
2. Matrimonial Status: Required when the property is or was a matrimonial home, addressing spousal rights
3. Environmental Declaration: Required when there are known environmental issues or concerns about the property
4. Easements and Rights of Way: Required when there are specific easements or rights of way affecting the property
5. Rental Status: Required when the property is or was recently subject to tenancies
6. Estate Declaration: Required when the transfer involves an estate or deceased prior owner
1. Schedule A - Legal Description: Detailed legal description of the property if too lengthy for main document
2. Schedule B - Survey Certificate: Copy or reference to current survey certificate or real property report
3. Schedule C - Chain of Title: Detailed history of property ownership if complex or extensive
4. Schedule D - Supporting Documents: List and copies of relevant supporting documents referenced in the affidavit
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