Statutory declaration property

Practical Law Property. This standard document provides an outline for a statutory declaration to support an application to the Land Registry for registration of unregistered lan where the original title deeds have been lost or destroyed. Details This guidance is used by HM Passport Office staff. This must be witnessed by a Solicitor, a Commissioner for Oaths or a Magistrate.

If it isn’t witnesse we can’t accept it and will send it back to you, meaning the process will take longer. In it, the tenant confirms that it has received and read the Landlord’s Notice and accepts the consequences of entering into a lease with no security of tenure. A statutory declaration is a formal statement made affirming that something is true to the best knowledge of the person making the declaration. It has to be signed in the presence of a solicitor, commissioner for oaths or notary public.

For instance, a statutory declaration is commonly used as a method of legally changing ones name, where one would legally declare that they renounce their old name and adopt a new one in a document that is witnessed by a solicitor. The statutory declaration will need to be signed in the presence of a solicitor , commissioner for oaths or notary public. By definition, a statutory declaration tells a unique story. As such, there can be no template that provides the precise story applicable to your own situation.

We have therefore provided as one document, three different example declarations. From the example text given, you will have some idea how to frame your own story. The statement of truth or statutory declaration must set out in detail the use and enjoyment relied upon to substantiate the claim. The right claimed must be one that could have been lawfully. I’ve been asked to administer a joint statutory declaration by a husband and wife in respect of lost deeds to their jointly owne unregistered property.

Is a joint declaration permitted an if so, should I charge one or two administration fees? It’s possible for two declarants to make one statutory declaration , provided it’s drafted. The alternative type of declaration is the Tenant’s Simple Declaration Regarding Security of Tenure.

The Guidance on Excluding Security of Tenure explains when the simple and statutory declarations should. Unlike an oath or affirmation, a statutory declaration is not sworn. For example, a commercial tenant might be.

If a person is buying a registered property for example where the seller has no title to part of the garden and he has owned the property for, say, years and so cannot claim possessory title, he can provide the buyer with a statutory declaration covering his period of ownership. Statutory Declaration —formal wording Precedents. Once the buyer has lived there for years he can then make his own declaration covering his period of ownership. Below are some example declarations that a lender may ask you to provide.

Please ask your bank or mortgage broker for the exact declaration that they require. My birth certificate shows my name as John. Such declarations will be admissible as evidence in any legal proceedings. They are frequently used in conveyancing transactions where a buyer may require some evidence from the seller as to circumstances which may have existed during the time when the seller has owned the property. The Guidance Note: Excluding Security of Tenure explains when the simple and statutory declarations.

It is usually used for matters outside of court to satisfy legal requirements where no other documentation or evidence is available. Some examples include providing evidence of nationality or marital status. Although this gives the form of words to be use it makes no other prescription as to the formal requirements to be followed.

The practice in this area is therefore largely customary. It is similar to a statement made under oath , but it is not sworn.