The Affidavit And Waiver Of Lien Form is a crucial document in Dutch construction and real estate transactions, designed to protect property owners and ensure clear title to property. This document is typically used upon completion of construction work or delivery of materials, when a contractor or supplier has received payment and needs to formally relinquish their right to place a lien on the property. Under Dutch law, particularly the Burgerlijk Wetboek (Dutch Civil Code), this document serves dual purposes: as a sworn statement confirming payment receipt and as a formal waiver of lien rights. It's particularly important in construction projects, property sales, and refinancing situations where clear title needs to be demonstrated. The document must be properly executed, often requiring notarization, to be legally valid under Dutch jurisdiction.
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1. Declaration Header: Formal opening stating this is an affidavit and waiver of lien, including date and jurisdiction
2. Affiant Information: Full legal name, address, and capacity of the person making the declaration
3. Project Identification: Detailed description of the property or project, including address and registration details
4. Payment Acknowledgment: Statement acknowledging receipt of specified payment amount and date
5. Lien Waiver Statement: Explicit waiver of lien rights relating to the work performed or materials supplied
6. Sworn Statement: Declaration that all statements are true and accurate under penalty of perjury
7. Execution Block: Signature lines, notary section, and witness provisions
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment
2. Retained Rights Statement: Used when certain lien rights are being preserved or excluded from the waiver
3. Prior Claims Resolution: Include when addressing resolution of previous liens or disputes
4. Subcontractor Confirmation: Used when confirmation of payments to subcontractors is required
5. Corporate Authorization: Required when the affiant is signing on behalf of a legal entity
1. Schedule A - Property Description: Detailed legal description of the property if not included in main text
2. Schedule B - Payment Details: Itemized list of payments received and work performed
3. Schedule C - Supporting Documents: List of attached supporting documentation such as invoices or contracts
4. Schedule D - Prior Liens: List of any previous liens filed and their current status
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