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Land Affidavit for Canada

Land Affidavit Template for Canada

A Land Affidavit is a formal sworn document used in Canadian jurisdictions to make legally binding statements regarding land matters. It serves as a sworn testimony regarding various aspects of property ownership, transfer, or status, and must comply with both federal and provincial legislative requirements. The document requires careful preparation to ensure accuracy and completeness, as false statements can result in serious legal consequences. It must be sworn before an authorized official such as a Commissioner of Oaths or Notary Public, and typically includes detailed property descriptions, ownership declarations, and statements about encumbrances or claims affecting the property.

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What is a Land Affidavit?

The Land Affidavit is a fundamental document in Canadian property law, used to provide sworn testimony regarding various aspects of land ownership, transfer, and status. This document type is particularly important in property transactions, legal proceedings, and regulatory compliance matters. A Land Affidavit must comply with both federal and provincial legislation, including the Canada Evidence Act and provincial land titles legislation. It is commonly required during property transfers, mortgage applications, estate settlements, or when addressing land disputes. The document must be sworn before an authorized official and can be used to confirm ownership, declare property status, address title issues, or make statements about property conditions. False statements in a Land Affidavit can result in serious legal consequences, making it essential to ensure accuracy and completeness in its preparation.

What sections should be included in a Land Affidavit?

1. Opening Statement and Identification: Formal opening stating this is an affidavit, deponent's full legal name, occupation, and place of residence

2. Property Description: Detailed legal description of the subject property, including municipal address, legal description, and property identifiers

3. Basis of Knowledge: Declaration of how the deponent has knowledge of the matters stated in the affidavit

4. Ownership Declaration: Statement regarding the current ownership status of the property

5. Title Status: Declarations regarding the current state of title, any encumbrances, liens, or other interests

6. Possession Status: Statements about current possession, occupancy, and any tenancies

7. Matrimonial Status: Declaration regarding the deponent's marital status and any matrimonial home rights

8. Tax Status: Confirmation regarding property tax status and payment

9. Sworn Statement: Formal closing statement declaring that the contents are true and sworn before a commissioner

What sections are optional to include in a Land Affidavit?

1. Indigenous Lands Declaration: Required when the property might be subject to Indigenous land claims or rights

2. Building Compliance: Used when there are structures on the property to declare compliance with building codes and zoning

3. Environmental Status: Required when there are environmental concerns or certifications needed

4. Previous Transactions: Include when relevant history of property transactions needs to be disclosed

5. Boundary Confirmation: Used when there are specific needs to address boundary issues or surveys

6. Estate Matters: Required when the affidavit relates to deceased estates or probate matters

7. Corporate Authority: Needed when the deponent is swearing on behalf of a corporation

What schedules should be included in a Land Affidavit?

1. Schedule A - Property Details: Detailed legal description of the property if too lengthy for main document

2. Schedule B - Survey Reference: Reference plan or survey details if applicable

3. Schedule C - Title Search Results: Summary of title search results if referenced in affidavit

4. Schedule D - Supporting Documents: List of referenced documents that support the affidavit declarations

5. Schedule E - Corporate Resolution: If corporate authority schedule needed for corporate deponents

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions






























Clauses

























Relevant Industries

Real Estate

Construction

Banking and Finance

Legal Services

Municipal Government

Agriculture

Mining

Commercial Development

Indigenous Affairs

Urban Planning

Relevant Teams

Legal

Real Estate

Property Management

Land Development

Compliance

Administrative Services

Corporate Secretariat

Risk Management

Land Registry

Title Services

Relevant Roles

Real Estate Lawyer

Property Manager

Land Surveyor

Title Examiner

Estate Administrator

Real Estate Agent

Mortgage Broker

Municipal Clerk

Land Registry Officer

Property Developer

Corporate Secretary

Compliance Officer

Legal Assistant

Paralegal

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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