An Affidavit of Title is commonly required in Hong Kong when there is a need to provide formal, sworn evidence of property ownership and title status. This document is particularly important in property transactions, mortgage applications, or when addressing title disputes. The affidavit must comply with Hong Kong's legal requirements, including the Oaths and Declarations Ordinance and the Conveyancing and Property Ordinance. It contains detailed information about the property, ownership history, and any encumbrances or claims. The document is sworn before a Commissioner for Oaths or solicitor, making it a formal legal declaration with serious consequences for false statements. An Affidavit of Title might be required by banks, purchasers, or courts to verify clean title and ownership rights, and it serves as a crucial document in Hong Kong's property law system.
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1. Title and Venue: Identifies the document as an Affidavit of Title and specifies the jurisdiction (Hong Kong)
2. Deponent Information: Full name, HKID/passport number, occupation and address of the person making the affidavit
3. Oath Statement: Formal statement declaring that the deponent makes the affidavit solemnly and sincerely
4. Property Details: Complete legal description of the property including lot number, address, and registered particulars
5. Title Declaration: Statement of ownership, including how and when the title was acquired
6. Clear Title Statement: Declaration that the title is free from encumbrances, liens, or other claims
7. Verification of Facts: Confirmation that all statements made in the affidavit are true to the best of the deponent's knowledge
8. Execution Block: Space for signature, date, and commissioner for oaths' attestation
1. Prior Ownership History: Details of previous ownership transfers, used when the property has a complex ownership history
2. Existing Encumbrances: Section detailing any existing mortgages, charges, or other encumbrances, included when these exist
3. Pending Litigation: Declaration regarding any pending legal proceedings affecting the property, included when relevant
4. Spousal Consent: Statement regarding spouse's interest or consent, included when the deponent is married
5. Company Authorization: Corporate resolution authorizing the affidavit, included when the owner is a company
1. Property Title Documents: Copies of relevant title documents, land search records, and registration particulars
2. Identity Documents: Copies of deponent's identification documents
3. Supporting Documents: Additional documents supporting ownership claims (purchase agreements, inheritance documents, etc.)
4. Land Search Results: Recent land search results from the Land Registry
5. Company Documents: If applicable, company registration documents and authorization resolutions
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Banking and Finance
Property Development
Construction
Property Investment
Corporate Services
Mortgage Services
Property Management
Conveyancing Services
Relevant Teams
Legal
Real Estate
Conveyancing
Property Management
Mortgage Services
Compliance
Corporate Secretarial
Transaction Support
Document Processing
Title Research
Relevant Roles
Property Lawyer
Conveyancing Solicitor
Real Estate Agent
Property Manager
Bank Manager
Mortgage Officer
Legal Executive
Company Secretary
Property Developer
Title Officer
Real Estate Investment Manager
Compliance Officer
Legal Administrator
Property Transaction Coordinator
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