The Trespass Affidavit is a crucial legal document used in German jurisdiction when property owners or authorized representatives need to formally document and address unauthorized entry or use of their property. This document is particularly important when seeking legal remedies under both civil law (BGB) and criminal law (StGB) provisions. The affidavit serves multiple purposes: it creates an official record of trespassing incidents, supports law enforcement actions, and can be used as evidence in legal proceedings. The document should be prepared when there are recurring trespassing issues, security concerns, or when legal action is contemplated. A properly executed Trespass Affidavit includes detailed property information, documentation of specific incidents, and sworn statements about the accuracy of the information provided, all conforming to German legal requirements for sworn declarations.
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1. Declarant Information: Full legal name, address, and capacity (e.g., property owner, authorized representative) of the person making the affidavit
2. Property Description: Detailed description of the property in question, including address, cadastral details, and property boundaries
3. Ownership/Authority: Declaration of property ownership or legal authority to make statements about the property
4. Factual Circumstances: Detailed description of trespassing incidents or concerns, including dates, times, and specific locations
5. Damage/Impact Statement: Description of any damage, disruption, or negative impact caused by the trespassing
6. Prior Actions Taken: Description of any previous measures taken to prevent trespassing or communicate with trespassers
7. Truth Declaration: Formal declaration that all statements are true and accurate, acknowledging penalties for false statements
8. Signature Block: Space for signature, date, and notary authentication if required
1. Witness Statements: Additional statements from witnesses who observed trespassing incidents, used when witnesses are available
2. Photo Documentation Reference: Reference to photographic evidence of trespassing or damage, included when such evidence exists
3. Security Measures: Description of existing security measures and signage, included when relevant to establishing due diligence
4. Previous Communications: Summary of any communications with trespassers or authorities, included when such communications exist
5. Request for Action: Specific requests for action from authorities, included when the affidavit is being used to request specific interventions
1. Photographic Evidence: Dated and labeled photographs showing trespassing incidents or property damage
2. Property Documents: Copies of property ownership documents or authority documentation
3. Site Plan: Diagram or map showing property boundaries and locations of trespassing incidents
4. Previous Correspondence: Copies of any relevant correspondence regarding trespassing incidents
5. Witness Statements Appendix: Detailed written statements from witnesses, including their contact information
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