The Owner Affidavit is a fundamental document in Belgian property law, used when formal declarations about property ownership and status are required. This document becomes necessary in various situations, including property sales, refinancing, establishing clear title, or resolving property disputes. The Owner Affidavit typically contains detailed information about the property's ownership history, current status, and any claims or encumbrances affecting it. Under Belgian law, the document must be executed before a notary public and complies with specific legal requirements for sworn declarations. It serves as a crucial tool for risk mitigation in property transactions, providing legal protection for buyers, lenders, and other interested parties by documenting the owner's formal statements about the property's status. The document's content is governed by Belgian civil law and may also need to comply with regional regulations depending on the property's location within Belgium.
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1. Declarant Information: Full legal name, national registration number, current address, and contact details of the property owner making the declaration
2. Property Details: Complete description of the property including address, cadastral references, and property registration numbers as recorded in Belgian property registers
3. Ownership Declaration: Formal statement of ownership, including how and when ownership was acquired, with reference to relevant deed numbers and registration details
4. Title History: Declaration regarding the chain of title and confirmation of legal acquisition of the property
5. Encumbrances Statement: Declaration regarding any existing mortgages, liens, easements, or other encumbrances on the property
6. Occupancy Status: Statement about current occupancy status, any leases, or other occupancy agreements in place
7. Verification Statement: Formal declaration of truth and accuracy of all statements made in the affidavit
8. Signature Block: Space for signature, date, and notary authentication
1. Construction History: Required when the property includes buildings, declaring compliance with building permits and regulations
2. Environmental Declarations: Required when the property is in an environmental protection zone or has specific environmental characteristics
3. Spousal Consent: Required when the declarant is married under certain matrimonial regimes
4. Historical Monument Status: Required when the property is classified as a historical monument or in a protected area
5. Urban Planning Compliance: Required when there are specific urban planning restrictions or recent modifications to the property
1. Property Title Deed: Copy of the original title deed or most recent transfer deed
2. Cadastral Extract: Recent extract from the land registry showing property details
3. Property Plans: Official plans or surveys of the property
4. Supporting Documents: Any relevant permits, certificates, or official correspondence supporting declarations made in the affidavit
5. Identification Documents: Copies of declarant's identification documents and proof of address
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Finance
Legal Services
Insurance
Construction & Development
Property Management
Public Administration
Mortgage Lending
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Risk Management
Transaction Processing
Documentation
Title Services
Mortgage Operations
Relevant Roles
Real Estate Attorney
Notary Public
Property Manager
Real Estate Agent
Mortgage Loan Officer
Title Insurance Officer
Property Developer
Legal Counsel
Real Estate Transaction Coordinator
Compliance Officer
Property Rights Specialist
Real Estate Portfolio Manager
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