Affidavit of Execution
Find more detailed practice information in the Land Title Practice Manual, Section 49, Practice. back to top of Affidavit of Execution Web Filing Form, Declaration s. 49 Affidavit (also known as Affidavit of Witness Declaration)
back to top of Affidavit of Execution Form Declaration, Affidavit of Execution attached
| 3.1 | If the form is executed by a corporate transferor or a corporate attorney, an affidavit of execution must be prepared as a separate, supporting document and attached to a Form Declaration. |
| 3.2 | If you are preparing the affidavit to be attached to a Form Declaration, see the Form Declaration Practice Guide for more on preparing Form Declarations. |
back to top of Affidavit of Execution Submit in Web Filing
back to top of Affidavit of Execution Examples of Preferred Forms of Affidavit The following preferred forms of affidavit are intended to provide guidelines only. Changes to wording may be acceptable. EXAMPLE 1: For a Transfer Form Executed by an Individual
| (1) | I am 16 years of age or older and am acquainted with the person named in the instrument as the transferor. |
| (2) | I am acquainted with the signature of the transferor and believe that the signature subscribed to the instrument is the signature of the transferor. |
| (3) | The signature of the transferor was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed by the transferor outside British Columbia]. |
EXAMPLE 2: For a Transfer Form Executed by a Corporation
| (1) | I am 19 years of age or older and am a person named in the instrument as an authorized signatory of the transferor and I was authorized by the transferor to execute the instrument. |
| (2) | Any other person who executed the instrument for the transferor was authorized to do so by the transferor. |
| (3) | The transferor existed at the time the instrument was executed and is legally entitled to hold and dispose of land in British Columbia. |
| (4) | My signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed outside British Columbia]. |
EXAMPLE 3: For a Transfer Form Executed by an Individual Attorney on Behalf of an Individual Transferor
| (1) | I am the attorney of the transferor under a subsisting power of attorney and am 19 years of age or older. |
| (2) | I am the person named in the instrument as the attorney of the transferor and, at the time I executed the instrument, I had no knowledge of [in a case where the power is not enduring] |
| (a) | the death, bankruptcy or mental infirmity of the transferor; |
[in a case where the power is enduring]
| (a) | the death or bankruptcy of the transferor or of a termination of my authority under the power of attorney by the operation of s. 29 of the Power of Attorney Act; or |
| (b) | a revocation of the power of attorney by the transferor. |
EXAMPLE 4: For a Transfer Form Executed by an Individual Who Is an Attorney of a Corporate Transferor
| (1) | I am the attorney of the transferor under a subsisting power of attorney and am 19 years of age or older. |
| (2) | I am the person named in the instrument as the attorney of the transferor and at the time the instrument was executed the transferor existed and I had no knowledge of the dissolution or bankruptcy of the transferor or of a revocation of the power of attorney by the transferor. |
| (3) | The transferor is legally entitled to hold and dispose of land in British Columbia. |
| (4) | My signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed outside British Columbia]. |
EXAMPLE 5: For a Transfer Form Executed by a Corporate Attorney of an Individual Transferor
| (1) | [Name of corporate attorney] is the attorney of the transferor under a subsisting power of attorney. |
| (2) | I am an authorized signatory of the person named in the instrument as the attorney of the transferor and, at the time the instrument was executed, neither I nor the attorney had knowledge of [in the case where the power is not enduring] |
| (a) | the death, bankruptcy or mental infirmity of the transferor; |
[in a case where the power is enduring]
| (a) | the death or bankruptcy of the transferor or of a termination of my authority under the power of attorney by the operation of s. 29 of the Power of Attorney Act; or |
| (b) | a revocation of the power of attorney by the transferor. |
EXAMPLE 6: For a Transfer Form Executed by a Corporate Attorney of a Corporate Transferor
| (1) | [Name of corporate attorney] is the attorney for the transferor under a subsisting power of attorney. |
| (2) | I am an authorized signatory of the attorney of the transferor and, at the time I executed the instrument, neither I nor the attorney had any knowledge of the dissolution or bankruptcy of the transferor or of a revocation of the power of attorney by the transferor. |
| (3) | I was authorized by the attorney to execute the instrument and both the attorney and the transferor existed at the time I executed the instrument. |
| (4) | The transferor is legally entitled to hold and dispose of land in British Columbia. |
| (5) | My signature was not certified by an officer under Part 5 of the Land Title Act, R.S.B.C. 1996, c. 250 because [set out reason, for example, the instrument was executed outside British Columbia]. |
