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Affidavit Of Title for Switzerland

Affidavit Of Title Template for Switzerland

A formal sworn statement governed by Swiss law wherein a property owner declares their legitimate ownership of a property and makes specific representations about its title status. The document, which must comply with Swiss Civil Code requirements and cantonal notarization laws, provides detailed declarations about property ownership, encumbrances, pending legal actions, and other material facts affecting the property's title. It serves as a critical legal instrument in Swiss property transactions, providing assurance to buyers, lenders, and other interested parties about the status of the property's title.

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What is a Affidavit Of Title?

An Affidavit of Title is a crucial legal document used in Swiss property transactions to provide formal declarations about property ownership and title status. This sworn statement, executed in accordance with Swiss federal and cantonal laws, is typically required during property sales, refinancing, or other significant property transactions. The document requires the property owner (affiant) to make specific declarations under oath about their ownership rights, existing encumbrances, pending legal actions, and other material facts affecting the property's title. Under Swiss law, the Affidavit of Title must be properly notarized and may need to address specific requirements related to foreign ownership (Lex Koller), matrimonial rights, and local property regulations. It serves as a risk management tool for buyers, lenders, and insurers by providing legally binding assurances about the property's title status.

What sections should be included in a Affidavit Of Title?

1. Title and Introduction: Identifies the document as an Affidavit of Title and the jurisdiction (Switzerland)

2. Affiant Identification: Full legal name, address, and identification details of the person making the affidavit

3. Property Description: Detailed legal description of the property, including address, land registry details, and parcel numbers

4. Ownership Declaration: Statement confirming legal ownership, including how and when the property was acquired

5. Title Status Declaration: Declarations regarding the clear status of the title, absence of disputes, and confirmation of right to sell/transfer

6. Encumbrance Declaration: Statement regarding any existing mortgages, liens, or other encumbrances on the property

7. Legal Proceedings Declaration: Confirmation that there are no pending legal actions or proceedings affecting the property

8. Bankruptcy Declaration: Statement regarding the affiant's bankruptcy status and solvency

9. Tax Status: Declaration regarding the current status of property taxes and other assessments

10. Verification Statement: Formal statement verifying all declarations are true and correct

11. Execution Block: Signature block with notarization requirements according to Swiss cantonal law

What sections are optional to include in a Affidavit Of Title?

1. Marital Status Declaration: Required if the property involves matrimonial rights or spousal consent

2. Foreign Ownership Declaration: Required if the affiant is a foreign national, addressing Lex Koller compliance

3. Environmental Declaration: Required if there are known environmental issues or contamination

4. Tenant Rights Declaration: Required if the property is subject to any leases or tenant rights

5. Historical Preservation Statement: Required if the property is subject to historical preservation regulations

6. Power of Attorney: Required if the affidavit is being executed by an authorized representative

What schedules should be included in a Affidavit Of Title?

1. Property Title Documents: Copies of relevant property title documents and land registry excerpts

2. Identity Documents: Certified copies of affiant's identification documents

3. Property Plan: Official property plans or surveys if required

4. Tax Certificates: Current property tax certificates or statements

5. Authorization Documents: Any relevant authorization documents or powers of attorney if applicable

Authors

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions



































Clauses

























Relevant Industries

Real Estate

Legal Services

Banking & Finance

Insurance

Property Development

Construction

Property Management

Public Administration

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Transaction Processing

Title Administration

Document Management

Operations

Relevant Roles

Real Estate Lawyer

Property Manager

Title Officer

Notary Public

Real Estate Agent

Mortgage Officer

Legal Counsel

Property Administrator

Compliance Officer

Real Estate Transaction Manager

Property Rights Specialist

Land Registry Officer

Real Estate Portfolio Manager

Risk Assessment Officer

Industries








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