The Affidavit of Non Tenancy is a critical legal document in the Philippine property sector, particularly important in areas with historical agricultural use or where tenancy rights might be claimed. This document is commonly required during property sales, development projects, or when clearing property titles. It serves as a formal declaration under oath that no tenancy relationships exist on the subject property, helping prevent future legal disputes and ensuring compliance with Philippine agrarian reform laws. The affidavit must be properly notarized and often requires supporting documentation such as barangay certifications or witness statements. Property owners typically execute this document when they need to establish clear title for sale, development, or other property transactions, and it forms part of the due diligence process in many real estate dealings.
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1. Title and Jurisdiction: Specifies the document type and the jurisdiction (Philippines)
2. Affiant Information: Full legal name, age, civil status, citizenship, and complete address of the person making the sworn statement
3. Property Details: Complete description of the subject property including location, boundaries, and title/tax declaration numbers
4. Declaration of Non-Tenancy: Clear statement that no tenancy relationship exists on the subject property
5. Period of Non-Tenancy: Statement specifying the duration for which no tenancy has existed
6. Purpose Statement: Declares the purpose for which the affidavit is being executed
7. Verification and Certification: Standard verification of truthfulness and certification against forum shopping
8. Jurat: Notarial section where the affiant swears to the truthfulness of the contents
1. Previous Ownership History: Include when the property has relevant ownership history that supports the non-tenancy claim
2. Witness Statements: Add when additional testimonies from neighbors or local officials are needed to strengthen the declaration
3. Government Clearances: Include when referencing any supporting clearances from agricultural or local government offices
4. Property Use Statement: Add when it's important to specify how the property is currently being used to support non-tenancy claim
1. Property Documents: Copies of property title, tax declarations, or other property ownership documents
2. Photo Documentation: Recent photographs of the property showing its current state and use
3. Barangay Certification: Local government certification confirming the non-existence of tenants, if available
4. Supporting Affidavits: Additional sworn statements from witnesses or neighboring property owners, if any
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