The Homeowner Affidavit is a crucial legal instrument in Nigerian property law, typically required during property transactions, dispute resolutions, or when official documentation of property ownership and status is needed. This document becomes necessary in various situations, including property sales, mortgage applications, title clearance, or addressing property disputes. The affidavit must conform to Nigeria's Evidence Act and Land Use Act requirements, containing sworn statements about property ownership, encumbrances, tax status, and other relevant details. It serves as a formal declaration under oath, making it a legally binding document that can be relied upon by various stakeholders in property-related matters. The document must be properly executed before a Commissioner for Oaths to be valid under Nigerian law.
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1. Title and Jurisdiction: Specifies the type of affidavit and the jurisdiction where it is being sworn
2. Affiant Information: Full legal name, occupation, and address of the person making the affidavit
3. Property Details: Complete description of the property including address, land registration details, and property dimensions
4. Basis of Ownership: Declaration of how the property was acquired (purchase, inheritance, gift, etc.) and date of acquisition
5. Current Occupancy Status: Statement about current occupation and use of the property
6. Title Documentation: Details of property documentation including Certificate of Occupancy or other title documents
7. Encumbrance Declaration: Statement regarding any existing mortgages, liens, or encumbrances on the property
8. Tax Compliance: Declaration regarding payment of property taxes and other relevant fees
9. Verification Statement: Standard affirmation of the truth of the statements made
10. Jurat: Formal closing including date, location of signing, and commissioner for oaths' attestation
1. Spousal Consent: Required when the property is matrimonial property or when spousal rights need to be addressed
2. Development Status: Details of any construction or improvements on the property, needed when property is not in original condition
3. Tenant Declaration: Information about current tenants if the property is rented out
4. Boundary Dispute Declaration: Statement regarding any existing or potential boundary disputes, required when there are neighboring property issues
5. Previous Owner Details: Information about previous owners, required for properties with complex ownership history
6. Power of Attorney: Required when the affidavit is being sworn by someone other than the property owner
1. Property Documents: Copies of relevant property documents including Certificate of Occupancy, survey plans, and deed of assignment
2. Tax Receipts: Copies of property tax payment receipts and other relevant payment proof
3. Photographic Evidence: Recent photographs of the property showing current condition and boundaries
4. Identity Documents: Copies of affiant's identification documents and proof of address
5. Supporting Declarations: Any additional sworn statements from relevant parties supporting the main affidavit
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