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Affidavit Evidence

Affidavit Evidence

(To be given by solicitor)

Suggested Contents

1. TITLE AND AMENDMENTS

(a) Abstract of Title

Matters fundamental to the application should be clearly identified and briefly explained in a short abstract.

The affidavit should be accompanied by an exhibit which contains copy Documents of Title with appropriate passages clearly marked and cross-referenced to the abstract.

(b) Amendment Required

The general purpose and effect of the proposed amendment should be explained briefly.

The affidavit should be accompanied by an exhibit which clearly sets out the precise amendment required (including, where appropriate, a copy of the documents of title showing deletions or additions) in a form suitable for inclusion as a schedule to an order made by the Tribunal.

2. TRACING MISSING PARTIES

(a) Ground Rent Payments

A brief note of the history, if known, of past payments of ground rent should be included.

(b) Searches etc

A schedule summarising searches etc carried out, should be accompanied by a further exhibit which may contain some or all of the following (copy documents will suffice. Originals, where appropriate, should be available for the Hearing.)

  1. Land Registry Search.
  2. Hand Search - Registry of Deeds Belfast.
  3. Hand Search - Dublin Deeds Registry Office.
  4. Companies Registry Search.
  5. Statutory Charges Search.
  6. Enquiries to and responses from public authorities or statutory bodies.
  7. Enquiries to and responses from possible superior interests or their representatives.
  8. Advertisements in two papers generally one local, one regional (see draft attached).
  9. Copy Notice of Application to Lands Tribunal and particulars of service on other parties (if applicable).

(c) Conclusion

A brief statement of the results of the enquiries will suffice.