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A real estate affidavit is a written statement of fact sworn or affirmed before a person authorised to administer oaths, used in property transactions to provide evidence of matters that cannot easily be proved by documentation alone. Common uses include confirming adverse possession, evidencing a deceased joint owner's death, or supporting first registration of unregistered land.

A solicitor holding a current practising certificate, a commissioner for oaths, a notary public, or a judge may administer the oath. The deponent must sign in the presence of the officer, who then takes the oath or affirmation and signs and dates the jurat. A person cannot administer an oath to themselves or to a family member with a financial interest in the matter.

For unregistered land, a person claiming title by adverse possession must provide evidence of factual possession for the required limitation period. An affidavit from the claimant and, where possible, independent witnesses gives HM Land Registry sworn evidence of the period and nature of possession. This supports the application for first registration under the Limitation Act 1980 framework.

Both are sworn written statements, but an affidavit is made on oath and used primarily in court or tribunal proceedings, while a statutory declaration is made under the Statutory Declarations Act 1835 and is used in non-contentious administrative contexts, including many HM Land Registry applications. Land Registry generally prefers statutory declarations for routine title evidence outside litigation.

Yes. Where a registered title is held in joint names and one owner has died, the survivor can sell without a second trustee if the death is evidenced. A solicitor will typically provide a certificate of title, but where the death certificate has been lost or additional evidence is needed, an affidavit from someone with personal knowledge of the death may be accepted by HM Land Registry.

Making a false statement on oath in an affidavit constitutes perjury under the Perjury Act 1911, which carries a maximum sentence of seven years' imprisonment. In a property context, a false affidavit that causes HM Land Registry to register a false title also exposes the deponent to civil liability and the possibility of rectification of the register against them or their successor.

Notarisation is a separate process from administering an oath. An affidavit sworn before a notary public is both sworn and notarised. For domestic property matters in England and Wales, notarisation is not usually required. It is required where the affidavit will be used in a foreign jurisdiction or international proceedings, in which case apostille certification may also be needed.

HM Land Registry practice guides specify the required content. The affidavit should identify the deponent fully, state the facts being deposed clearly and in the first person, include the jurat (the oath-taking section signed by the officer administering it), and attach any relevant exhibits, referenced clearly in the body of the statement. Practitioners should check the current practice guide for the specific application type.