The Trespass Affidavit is a crucial legal instrument used across Canadian jurisdictions when property owners or their authorized representatives need to formally document and address unauthorized entry or presence on their property. This document is typically employed when seeking legal remedies for trespassing incidents, requiring enforcement action, or establishing a record of repeated violations. It must comply with both federal and provincial requirements for sworn statements and can be used in conjunction with law enforcement interventions or legal proceedings. The affidavit serves as a formal declaration under oath, providing detailed information about the property, the incident(s) of trespass, and the affiant's authority to make such declarations. It's particularly valuable in situations requiring documented evidence of trespassing for insurance purposes, court proceedings, or enforcement actions.
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1. Title and Jurisdiction: Identifies the document as a Trespass Affidavit and the jurisdiction where it's being sworn
2. Affiant Information: Full legal name, address, and capacity of the person making the affidavit
3. Property Information: Legal description and address of the property in question, including proof of ownership or authority
4. Statement of Authority: Affiant's relationship to the property (owner, manager, authorized representative)
5. Incident Details: Specific details about the trespass incident(s) including dates, times, and descriptions
6. Prior Notices: Information about any previous warnings or notices given to the trespasser
7. Damages or Concerns: Description of any damage caused or safety/security concerns arising from the trespass
8. Request for Action: Specific actions requested from law enforcement or courts regarding the trespass
9. Declaration of Truth: Formal statement declaring that all information provided is true and accurate
10. Jurat: Formal closing statement with date, location, and notary/commissioner information
1. Witness Statements: Include when there are witnesses to the trespass who can provide additional sworn statements
2. Security Measures: Description of existing security measures when relevant to establishing that the trespasser knew or ought to have known they were trespassing
3. Previous Incidents: Details of past trespassing incidents involving the same individual(s) when establishing a pattern of behavior
4. Impact Statement: Description of how the trespass has affected business operations or personal safety when seeking specific remedies
5. Medical Information: Include when the trespass resulted in injury or health concerns
6. Police Reports: Reference to any police reports or law enforcement involvement when applicable
1. Property Documentation: Copies of property deed, lease, or other ownership/authority documentation
2. Photographic Evidence: Dated photographs of trespasser(s), damage, or relevant property features
3. Map or Survey: Property survey, site plan, or map showing relevant locations and boundaries
4. Notice Documentation: Copies of any written warnings, no-trespass notices, or communication with trespasser
5. Security Records: Security camera footage, incident reports, or access logs if available
6. Supporting Affidavits: Additional sworn statements from witnesses or other relevant parties
Relevant legal definitions
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Real Estate
Retail
Commercial Property Management
Industrial
Agriculture
Hospitality
Educational Institutions
Healthcare Facilities
Manufacturing
Warehouse and Distribution
Construction
Religious Institutions
Entertainment Venues
Residential Property Management
Mining and Resources
Relevant Teams
Legal
Security
Facilities Management
Operations
Risk Management
Property Management
Asset Management
Administration
Compliance
Emergency Response
Relevant Roles
Property Manager
Facility Manager
Security Manager
Operations Director
Site Supervisor
Building Superintendent
Estate Manager
Security Director
Risk Management Officer
Property Administrator
Asset Manager
Building Manager
Operations Manager
Security Coordinator
Compliance Officer
Legal Administrator
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