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Affidavit For Correction Of Title Template for Canada

An Affidavit for Correction of Title is a formal legal document used in Canadian jurisdictions to rectify errors or inconsistencies in property title records. This sworn statement, made under oath before a qualified official such as a Commissioner of Oaths, provides detailed information about the nature of the error in the title record and the correct information that should be registered. The document must comply with provincial land title legislation and regulations, and typically includes supporting documentation to validate the requested correction. It serves as a crucial tool in maintaining accurate property records within Canada's land registration system.

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What is a Affidavit For Correction Of Title?

An Affidavit For Correction of Title is utilized when errors or inaccuracies are discovered in property title records within the Canadian land registration system. These errors might include misspelled names, incorrect property descriptions, omission of interests, or other clerical mistakes that need to be rectified to ensure accurate property records. The document is particularly important in maintaining the integrity of the land titles system and protecting property rights. It must be sworn or affirmed before a Commissioner of Oaths or similar authorized official, and typically requires supporting documentation to substantiate the requested correction. The affidavit must comply with provincial legislation governing land titles and property registration, as land registration falls under provincial jurisdiction in Canada. This document is essential for ensuring that property records accurately reflect the true state of title and ownership.

What sections should be included in a Affidavit For Correction Of Title?

1. Title and Introduction: Identifies the document as an Affidavit for Correction of Title and introduces the deponent with full legal name and address

2. Deponent Information: Details about the deponent including occupation, relationship to the property, and basis for having knowledge of the facts stated

3. Property Identification: Legal description of the property, including current title number, registration details, and property address

4. Current Title Details: Description of the current title registration including the error or issue requiring correction

5. Nature of Error: Detailed explanation of the error in the current title and how it occurred

6. Requested Correction: Clear statement of the specific correction being requested

7. Supporting Facts: Factual statements supporting the need for correction, presented in numbered paragraphs

8. Declaration of Truth: Formal declaration that all statements made in the affidavit are true to the best of the deponent's knowledge and belief

9. Execution Block: Space for signature of deponent and commissioner for taking affidavits, including date and location of signing

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

1. Historical Background: Additional context about how the property was acquired or previous transfers, used when relevant to explaining the error

2. Third Party Confirmations: References to supporting statements from other parties, used when additional verification is available

3. Prior Correction Attempts: Description of any previous attempts to correct the title, if applicable

4. Urgency Statement: Statement explaining any urgent need for the correction, if applicable

5. Consent Statements: Statements regarding consent from other interested parties, if relevant to the correction

What schedules should be included in a Affidavit For Correction Of Title?

1. Schedule A - Supporting Documents: Copies of relevant documents supporting the correction request (e.g., original transfer documents, surveys, etc.)

2. Schedule B - Current Title: Copy of the current title showing the error to be corrected

3. Schedule C - Property Survey: Recent survey or plan of the property, if relevant to the correction

4. Schedule D - Historical Documents: Historical documents demonstrating the correct information, if applicable

5. Schedule E - Consent Forms: Signed consent forms from other interested parties, if applicable

Authors

Alex Denne

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

Jurisdiction

Canada

Publisher

Genie AI

Cost

Free to use

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