The Affidavit of Title serves as a cornerstone document in Irish property transactions, providing crucial assurances about property ownership and potential encumbrances. This sworn statement is required under Irish law when transferring property ownership, particularly in cases involving registered land. The document contains detailed declarations about the property's ownership history, boundary issues, planning compliance, and any charges or rights affecting the property. It helps protect purchasers by requiring sellers to make formal, sworn statements about their title and the property's condition. The Affidavit of Title must be executed in accordance with Irish statutory requirements, including being sworn before an authorized official such as a Commissioner for Oaths or practicing solicitor. It plays a vital role in the due diligence process and helps ensure smooth property transactions by providing clear, legally binding statements about the property's title status.
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1. Opening Statement and Deponent Information: Formal opening stating the deponent's full name, address, and occupation, including the oath declaration
2. Property Details: Comprehensive description of the subject property, including its address, folio number, and boundaries
3. Basis of Ownership: Declaration of how and when the deponent acquired the property, including purchase details or inheritance information
4. Period of Ownership: Statement confirming the duration of ownership and peaceful possession of the property
5. Title Quality Declaration: Confirmation that the title is good and marketable, free from adverse claims
6. Encumbrances Declaration: Statement regarding any mortgages, charges, or other encumbrances affecting the property
7. Boundaries and Possession: Confirmation about property boundaries, absence of boundary disputes, and exclusive possession
8. Planning and Building Regulations: Declarations regarding compliance with planning laws and building regulations
9. Rights and Easements: Statement about any rights of way, easements, or other rights affecting the property
10. Litigation Declaration: Confirmation that there are no pending legal proceedings affecting the property
11. Tax Compliance: Declaration regarding payment of property taxes and other relevant charges
12. Closing Declaration: Final sworn statement confirming the truth of all declarations made
1. Matrimonial Home Declaration: Required when the property has been or is a family home, addressing spouse's rights under the Family Home Protection Act
2. Inheritance Details: Required when the property was inherited, including details of the deceased's will and grant of probate
3. Tenant Details: Required when the property is or has been subject to tenancies, including details of any existing leases
4. Building Energy Rating: Required for properties built after a certain date, confirming BER certification
5. Development Declaration: Required when there has been recent construction or development on the property
6. Bankruptcy Declaration: Required in cases where there might be concerns about the deponent's solvency
7. Environmental Declarations: Required when there are environmental considerations or protections affecting the property
1. Schedule 1 - Property Description: Detailed legal description of the property, including maps and folio numbers
2. Schedule 2 - Title Documents: List of all relevant title documents and their dates
3. Schedule 3 - Planning Permissions: Details of all planning permissions and certificates affecting the property
4. Appendix A - Property Maps: Copy of property maps and boundary drawings
5. Appendix B - Supporting Documents: Copies of relevant certificates, permissions, and other supporting documentation
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