Statutory Declarations in Conveyancing: What to know?

Overview

A statutory declaration is a formal written statement in which a person declares that specified facts are true. In conveyancing, it may be used as evidence where a solicitor, buyer or registration authority needs an account of particular facts relating to property or a transaction.

People may be asked to make one when a document is missing, records are inconsistent or a matter needs further explanation. A statutory declaration is not required in every property transaction, and its use depends on the issue and the evidence available.

This guide explains what a statutory declaration is, how it differs from other documents and what to consider before signing one. Alstern Solicitors may be able to advise on conveyancing evidence and the appropriate process, subject to confirming the firm’s service scope.

Key Legal Considerations

What is a statutory declaration?

The statutory framework for declarations made in England and Wales is set out in the Statutory Declarations Act 1835. Section 18 permits a person to make a voluntary statutory declaration before an authorised person, including a justice of the peace, notary public or other officer authorised to administer an oath.

A solicitor who is authorised to act as a commissioner for oaths may also be able to receive a statutory declaration. The relevant document must be completed and made in the manner required for its purpose.

When might one be used in conveyancing?

A declaration may be requested to provide evidence of facts relevant to a transaction or a registration application. The facts may concern matters such as a person’s history of ownership, occupation or use of land, or an explanation of a discrepancy in documents.

Whether a declaration is appropriate, and what it needs to say, depends on the facts and the requirements of the conveyancer or receiving authority. A declaration is evidence; it does not automatically resolve a title issue or replace documents that the recipient requires.

Who can receive a statutory declaration?

A statutory declaration must be made before a person authorised by law to receive it. Depending on the circumstances, this may include a solicitor acting as a commissioner for oaths, a notary public or a justice of the peace.

Before arranging an appointment, confirm that the person receiving the declaration is authorised and that the form is suitable for the purpose for which it will be used.

How should a statutory declaration be signed?

As a practical safeguard:

• check that the declaration is complete and accurate;
• confirm the recipient’s required wording and form;
• bring identification if requested;
• sign only as directed by the person receiving the declaration; and
• ask questions before signing if any statement is unclear or incorrect.

Do not sign a declaration that contains facts you do not believe to be true. A knowingly false statement in a statutory declaration may expose the declarant to criminal consequences under the Perjury Act 1911.

How is it different from other documents?

• Statutory declaration: A formal declaration of facts made before an authorised person under the applicable statutory procedure
• Affidavit: A written statement sworn or affirmed as evidence under the relevant procedure
• Statement of truth: A prescribed confirmation that the maker believes a statement of case or other document is true
• Deed: A document intended to take effect as a deed and executed in accordance with the applicable legal formalities

The right document depends on what the conveyancer or receiving authority requires. Do not substitute one for another without checking.

What Factors Are Usually Considered?

• Purpose: why the declaration is requested and who will receive it.
• Relevant facts: what the declarant can truthfully say from personal knowledge.
• Supporting documents: whether records, correspondence or other evidence should accompany it.
• Form and wording: whether the recipient requires a prescribed or particular form.
• Authority of the person receiving it: whether that person is legally entitled to receive the declaration.
• Consistency: whether the declaration matches the conveyancing documents and any previous statements.
• Consequences: whether the declarant understands that a false statement may have serious consequences.

Common Mistakes or Risks

• Signing before the appointment: the receiving person may need to witness the making of the declaration. Follow the procedure given for the specific document.
• Using a generic template: it may omit facts or formal wording required for the particular matter.
• Making assumptions about property rights: a declaration does not itself transfer ownership or cure a defect in title.
• Including facts based on guesswork: distinguish personal knowledge from information supplied by someone else.
• Overlooking supporting evidence: the recipient may need documents as well as the declaration.
• Treating a declaration as a substitute for legal advice: a formal statement does not explain the legal effect of the underlying conveyancing issue.
• Making a statement that is inaccurate: a false declaration can have serious legal consequences.

Case Study from Alstern Solicitors

Background

A seller is asked to explain an inconsistency between older property records and the information in current transaction documents.

Challenge

The seller is unsure whether a statutory declaration is needed, what facts it should cover and whether signing it will resolve the issue.

How We Assisted the Client

In a matter of this kind, a solicitor could identify the issue the recipient needs addressed, review available documents, confirm whether a statutory declaration is suitable and help ensure the statement is accurate and properly completed.

Outcome

The declaration may assist the recipient in assessing the evidence, but whether it is sufficient depends on the facts and the recipient’s requirements. No particular registration or transaction outcome can be guaranteed.

What Happens If You Choose the Wrong or Inexperienced Solicitor?

A poorly prepared declaration may fail to address the relevant issue, conflict with other documents or create unnecessary delay. Inaccurate wording can also expose the declarant to legal risk.

An adviser should explain why the declaration is being requested, what evidence supports it and whether another form of evidence or document is needed.

How Can Alstern Solicitors Help?

Alstern Solicitors may be able to advise on conveyancing evidence, review a proposed statutory declaration and explain the steps required to complete it properly. The firm’s conveyancing service scope should be confirmed before publication.

Before relying on a declaration, clients should understand its purpose, the facts it records and any further evidence the receiving authority may require.