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.
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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
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
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
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
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