An Affidavit of Possession is a fundamental legal instrument in Irish property law, used when formal documentation of property possession or ownership is required. This sworn statement is particularly crucial in situations involving property registration, adverse possession claims, boundary disputes, or when establishing clear title to property. The document must comply with Irish legislation, including the Registration of Title Act 1964 and the Land and Conveyancing Law Reform Act 2009. It requires the deponent to provide detailed information about their possession of the property, including how and when possession was obtained, the nature of possession, and supporting evidence. The Affidavit must be sworn before a Commissioner for Oaths or practicing solicitor and is often accompanied by supporting documentation such as maps, photographs, and other relevant evidence. It serves as a vital tool in Irish property transactions and legal proceedings where proof of possession is essential.
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1. Deponent Information: Details of the person making the affidavit, including full name, occupation, and address
2. Property Description: Detailed description of the subject property, including address, boundaries, and folio number if registered
3. Basis of Possession: Clear statement of how and when possession was obtained (e.g., purchase, inheritance, gift)
4. Period of Possession: Details of the duration of possession, including specific dates and continuous occupation evidence
5. Nature of Possession: Description of how the property has been used and maintained during the period of possession
6. Exclusive Possession: Statement confirming exclusive possession and control of the property
7. Supporting Facts: Specific facts and circumstances supporting the claim of possession
8. Declaration of Truth: Formal declaration that the contents of the affidavit are true to the best of the deponent's knowledge
1. Previous Owners: Details of previous owners and their relationship to the deponent, used when relevant to establishing chain of ownership
2. Adverse Possession Claims: Specific details supporting adverse possession claims, required when claiming title through adverse possession
3. Third Party Interests: Declaration regarding any known third-party interests or claims to the property, included when relevant
4. Planning Compliance: Statement regarding compliance with planning laws and regulations, included for properties with development or modifications
5. Inheritance Details: Information about inheritance of the property, included when possession is based on inheritance
6. Boundary Disputes: Details of any boundary disputes or agreements, included when relevant to the possession claim
1. Title Documents: Copies of relevant title documents, deeds, or contracts
2. Property Maps: Maps, plans, or surveys showing the property boundaries and location
3. Possession Evidence: Documentary evidence of possession (utility bills, tax records, etc.)
4. Photographs: Photographs of the property showing occupation and maintenance
5. Correspondence: Relevant correspondence supporting the claim of possession
6. Supporting Affidavits: Additional affidavits from witnesses or relevant parties supporting the claim
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