An Affidavit of Title is a critical document in German real estate transactions and property-related matters. This sworn statement is typically required during property sales, refinancing, or when clear proof of ownership is needed. The document must comply with German notarial requirements and includes detailed declarations about property ownership, encumbrances, and potential claims. Property owners (affiants) must provide accurate information about their ownership rights, any existing liens or encumbrances, occupancy status, and tax obligations. The affidavit serves as a legal safeguard for buyers, lenders, and other parties by providing verified information about the property's title status. Making false statements in an Affidavit of Title can have serious legal consequences under German law, including criminal penalties.
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1. Opening Declaration: Formal opening stating this is an affidavit and identifying the affiant with full legal name, address, and capacity
2. Property Identification: Detailed description of the property including exact address, land register details, and cadastral information
3. Ownership Declaration: Statement of current ownership, including how and when the property was acquired
4. Title History: Declaration regarding the chain of title for a specified period (usually 30 years)
5. Encumbrances Declaration: Statement regarding existing mortgages, liens, easements, or other encumbrances
6. Occupancy Status: Declaration about current occupancy, tenancies, and possession of the property
7. Tax Status: Statement regarding property tax payments and any outstanding tax obligations
8. Verification Statement: Final sworn statement confirming all declarations are true and accurate under penalty of perjury
1. Pending Legal Proceedings: Section declaring any ongoing litigation affecting the property - included if there are active legal matters
2. Construction Declarations: Statements about recent construction, permits, and compliance - included if recent construction has occurred
3. Marital Status Declaration: Details about marital status and spousal rights - included if relevant to property ownership
4. Environmental Declarations: Statements about environmental conditions or contamination - included if environmental issues exist
5. Inheritance Details: Information about inheritance circumstances - included if property was inherited
1. Property Title Extract: Current extract from the land register (Grundbuchauszug)
2. Identity Documentation: Copies of affiant's identification documents
3. Purchase Documentation: Copies of purchase contract or inheritance documents showing acquisition of property
4. Tax Certificates: Recent property tax payment certificates
5. Property Plans: Official cadastral plans or property surveys
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