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Affidavit Deed for Canada

Affidavit Deed Template for Canada

An Affidavit Deed is a formal legal document used in Canadian jurisdictions that combines the characteristics of a sworn statement (affidavit) with property transfer documentation (deed). It serves as both a sworn declaration of facts and a legal instrument for transferring property rights. The document must comply with provincial and federal regulations regarding property transfer, oath-taking, and document registration. It requires proper execution before a authorized official such as a Commissioner of Oaths or Notary Public, and must meet specific provincial requirements for registration with the appropriate land registry office.

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What is a Affidavit Deed?

The Affidavit Deed is a specialized legal instrument used in Canadian jurisdictions when a property transfer requires additional sworn statements or declarations. This document type is particularly relevant in situations involving estate transfers, family property settlements, or cases where the circumstances of property transfer need to be officially documented under oath. The Affidavit Deed must be executed in compliance with provincial property laws and federal regulations governing sworn statements. It typically includes detailed property descriptions, sworn declarations about the transaction's circumstances, and must be authenticated by authorized officials. The document serves as both evidence in legal proceedings and as an instrument of property transfer, making it particularly valuable in complex property transactions where additional verification or documentation is required.

What sections should be included in a Affidavit Deed?

1. Title and Jurisdiction: Specifies the type of affidavit and the jurisdiction where it is being sworn

2. Deponent Information: Full legal name, address, and occupation of the person making the affidavit

3. Declaration of Truth: Standard declaration that the deponent is swearing/affirming to tell the truth

4. Statement of Facts: Numbered paragraphs containing the main factual statements being sworn to

5. Property Description: Detailed legal description of the property involved in the deed

6. Verification: Confirmation that the deponent has personal knowledge of the stated facts

7. Execution Block: Space for deponent's signature, commissioner's/notary's signature, and date

8. Jurat: Formal statement indicating when and where the affidavit was sworn

What sections are optional to include in a Affidavit Deed?

1. Exhibit Reference: Section referencing attached exhibits when supporting documents are included

2. Interpretation: Definitions section when technical or legal terms need explanation

3. Translation Certificate: Required when the affidavit is translated from another language

4. Capacity Statement: Statement confirming the deponent's legal capacity when relevant

5. Corporate Authorization: Required when the deponent is acting on behalf of a corporation

What schedules should be included in a Affidavit Deed?

1. Schedule A - Property Details: Detailed property description, including survey information and boundaries

2. Schedule B - Supporting Documents: List and copies of referenced documents such as certificates, permits, or previous deeds

3. Schedule C - Identity Documents: Copies of identification documents used to verify the deponent's identity

4. Appendix 1 - Photographs: If relevant, photographs of the property or other physical evidence

5. Appendix 2 - Maps and Plans: Survey maps, architectural plans, or other relevant visual documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use

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