An Affidavit of Ownership of Land is a critical legal document used in the Irish property system when formal proof of ownership is required. This sworn statement is commonly needed in various situations including property sales, mortgage applications, boundary disputes, or when updating Land Registry records. The document must comply with Irish property law, particularly the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964. It contains detailed declarations about the property's ownership history, physical characteristics, and any encumbrances, all of which must be truthfully stated under oath. The affidavit serves as a formal record and can be used as evidence in legal proceedings, making it essential for property transactions and official property matters in Ireland.
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1. Opening Declaration: Formal opening stating the deponent's full name, address, occupation and authority to make the statement
2. Property Identification: Detailed description of the subject property including address, boundaries, and Land Registry folio number if registered
3. Basis of Ownership: Clear statement of how and when ownership was acquired (purchase, inheritance, gift, etc.) with relevant dates
4. Current Possession Status: Declaration of current possession status, including duration of possession and nature of use
5. Title Documentation: List and description of all title documents and proof of ownership
6. Encumbrances Declaration: Statement regarding any mortgages, charges, or other encumbrances affecting the property
7. Verification Statement: Final statement verifying all declarations are true and accurate to the best of deponent's knowledge
8. Jurat: Formal closing including date, location of signing, and commissioner for oaths' certification
1. Inheritance Details: Required when property was inherited, including details of the deceased's will or intestacy
2. Boundary Declaration: Needed when there are specific boundary issues or agreements to be declared
3. Planning Status: Required when declaring compliance with planning laws or existing planning permissions
4. Spousal Consent: Required when the property is or was a family home under the Family Home Protection Act
5. Previous Disputes: Needed when declaring any historical or resolved disputes regarding the property
6. Adverse Possession Claims: Required when ownership is claimed through adverse possession
7. Occupancy Details: Required when there are tenants or other occupants of the property
1. Exhibit A - Title Documents: Certified copies of deed, land registry folios, or other title documents
2. Exhibit B - Property Maps: Official maps, site surveys, or Land Registry maps showing the property boundaries
3. Exhibit C - Planning Documents: Relevant planning permissions, certificates, or compliance documents
4. Exhibit D - Supporting Evidence: Additional documentation supporting ownership claims (tax records, utility bills, etc.)
5. Exhibit E - Historical Documents: Any historical documents relevant to proving long-term ownership or possession
6. Exhibit F - Correspondence: Relevant correspondence with authorities or other parties regarding the property
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