The Affidavit For Change Of Ownership Of Property is a fundamental legal document in Dutch property law, used when transferring ownership rights of real estate property in the Netherlands. This document is required in various situations, including property sales, inheritances, gifts, or court-ordered transfers. It must be prepared in accordance with the Dutch Civil Code (Burgerlijk Wetboek) and the Kadasterwet (Land Registry Act). The affidavit contains sworn statements about the property's details, ownership history, and the legal basis for the transfer, requiring notarization before submission to the Kadaster. It serves as an official record of the ownership change and forms part of the property's legal documentation history. The document is particularly crucial as it helps maintain the integrity and accuracy of property ownership records in the Netherlands while providing legal protection to all parties involved in the transfer.
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1. Declaration Header: Formal opening stating this is an affidavit, including date and location of execution
2. Declarant Information: Full legal name, address, and identification details of the person making the affidavit
3. Property Details: Complete description of the property including address, cadastral details, and registration numbers
4. Current Ownership Status: Details of current property ownership including registration information
5. Basis for Ownership Change: Clear statement of the legal basis for the change in ownership (e.g., inheritance, purchase, gift)
6. New Ownership Details: Information about the new owner(s) and their ownership share
7. Title History: Brief history of the property's ownership and any relevant transfers
8. Declaration of Truth: Formal statement confirming the truth of all information provided
9. Execution Block: Space for declarant's signature, date, and notary's authentication
1. Inheritance Details: Required when ownership change is due to inheritance, including details of the deceased and probate information
2. Joint Ownership Provisions: Required when property is being transferred to multiple owners, specifying ownership shares and rights
3. Mortgage Status: Required when there is an existing mortgage on the property
4. Spousal Consent: Required when the property is marital property or when spouse's rights are affected
5. Power of Attorney: Required when the affidavit is being executed by an authorized representative
6. Tax Declarations: Required when specific tax implications need to be addressed or declared
1. Identity Documents: Certified copies of identification documents of the declarant
2. Property Title Deed: Copy of the current property title deed
3. Cadastral Extract: Recent extract from the Land Registry showing current ownership
4. Supporting Documents: Documents supporting the basis of ownership change (e.g., death certificate, purchase agreement, court order)
5. Tax Clearance Certificates: Proof that all relevant property taxes are paid and up to date
6. Property Valuation: Recent valuation report or assessment of the property value
7. Municipal Certificates: Relevant certificates from municipal authorities regarding the property
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