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Affidavit Of Title for South Africa

Affidavit Of Title Template for South Africa

An Affidavit of Title is a legally binding sworn statement used in South African property law that formally declares the status of property ownership and any encumbrances on the property. This document, governed by South African property law including the Deeds Registries Act 47 of 1937, serves as an official declaration where the owner attests to various aspects of the property's legal status, including ownership history, existing bonds or servitudes, and any other relevant legal matters affecting the title. It must be signed in the presence of a Commissioner of Oaths and forms an important part of property transactions and legal proceedings.

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What is a Affidavit Of Title?

An Affidavit of Title is a crucial document in South African property law that provides formal declarations about property ownership and encumbrances. This sworn statement is typically required during property transactions, legal disputes, or when formal verification of property ownership status is needed. The document must comply with South African legal requirements, particularly the Deeds Registries Act 47 of 1937 and the Justices of the Peace and Commissioners of Oaths Act 16 of 1963. It includes detailed information about the property, its ownership history, any registered bonds or servitudes, and other matters affecting the title. The affidavit must be signed in the presence of a Commissioner of Oaths, making it a formal legal document that can be used in court proceedings or property transactions.

What sections should be included in a Affidavit Of Title?

1. Deponent Information: Personal details of the person making the affidavit, including full name, ID number, and address

2. Property Description: Detailed description of the property including erf number, physical address, and registration division

3. Title Deed Information: Details of current title deed, including deed number and date of registration

4. Ownership Declaration: Declaration of legal ownership and method of acquisition

5. Encumbrance Statement: Declaration regarding any bonds, servitudes, or other encumbrances registered against the property

6. Marital Status: Declaration of marital status and matrimonial property regime if applicable

7. Insolvency Declaration: Statement regarding the deponent's solvency status

8. Verification: Standard verification clause confirming the truth of the statements

9. Signature: Space for deponent's signature and date

10. Commissioner of Oaths: Space for Commissioner's details and certification

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

1. Historical Title Information: Used when there's relevant historical information about previous ownership that needs to be disclosed

2. Occupancy Declaration: Required when there are current occupants other than the owner

3. Building Status: Needed when there are structures on the property requiring specific declarations about building compliance

4. Deceased Estate Information: Required when the property forms part of a deceased estate

5. Land Use Restrictions: Included when there are specific zoning or land use restrictions that need to be declared

6. Tax Status: Optional section declaring property tax status and compliance

7. Pending Litigation: Required if there are any ongoing legal proceedings affecting the property

What schedules should be included in a Affidavit Of Title?

1. Schedule A - Property Details: Detailed technical description of the property including boundaries and measurements

2. Schedule B - Encumbrance Details: List and details of all registered encumbrances, bonds, and servitudes

3. Schedule C - Supporting Documents: List of attached supporting documents such as title deed copies or municipal certificates

4. Annexure 1 - Property Plans: Approved property plans or diagrams if referenced in the affidavit

5. Annexure 2 - Power of Attorney: If the affidavit is signed under power of attorney, attach the power of attorney document

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

South Africa

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions

























Clauses



















Relevant Industries

Real Estate

Banking and Finance

Legal Services

Construction and Development

Property Management

Municipal Government

Insurance

Agricultural (for farm properties)

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Property Management

Conveyancing

Compliance

Title Processing

Document Control

Risk Management

Operations

Relevant Roles

Conveyancing Attorney

Property Lawyer

Real Estate Agent

Property Manager

Legal Administrator

Title Deed Officer

Mortgage Specialist

Property Development Manager

Real Estate Transaction Coordinator

Legal Compliance Officer

Commissioner of Oaths

Property Rights Specialist

Deeds Office Examiner

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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