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Statutory Declaration

A formal declaration made in accordance with the provisions of the Statutory Declarations Act 1835. 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. Common examples are; a declaration that the seller has used a path as access without having a legal right of way, or has used a road with vehicles when only having a right of way on foot; a declaration that the seller has occupied a piece of land without having legal title to it.

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