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In This Volume

  • 5 (1) The affidavit of the person whose title is to be investigated must state the following:
  • (a) that to the best of the person’s knowledge and belief the person is the owner of the estate or interest which is claimed by the petition, subject only to any charges and encumbrances set out in the petition or in the schedule, or that there is no charge or encumbrance affecting the land;
  • (b) that the deeds and evidence of title which the person produces, and of which a list is contained in the schedule produced under section 4, are all the title deeds and evidence of title relating to the land that are in the person’s possession or power;
  • (c) that the person is not aware of the existence of any claim adverse to or inconsistent with the person’s own to any part of the land or to any interest in it, or if the person is aware of an adverse claim, the person must set it out, and depose that the person is not aware of any others;
  • (d) whether any one is in possession of the land, and under what claim, right or title;
  • (e) that to the best of the deponent’s knowledge, information and belief the affidavit, and the other papers produced with it, fully and fairly disclose all facts material to the title claimed by the petitioner, and all contracts and dealings which affect it or any part of it, or give any right as against the applicant.
  • (2) The affidavit may be dispensed with or made by some other person instead of the person whose title is to be investigated, or partly by one person and partly by another, at the discretion of the court, and in that case the affidavit must be modified accordingly.