TO:
TO: BANK OF MONTREAL
LENDING OPERATIONS SERVICE CENTRE
865 HARRINGTON COURT
BURLINGTON, ONTARIO
L7N 3P3
Mortgage Number:
Property Address:
DECLARATION OF POSSESSION
(To be completed by the current owner of the property)
Vendor Name (s)
OR
Mortgage Applicant Name (s)
(if property is not currently
being sold)
I/We, the vendor(s) or mortgage applicant(s), confirm:
• I am/we are the registered owner(s) of the land (and premises) described in the Declaration;
• since the land was conveyed to me/us on , , I/we have been in actual, peaceable, continuous, exclusive, open, undisturbed and undisputed possession and occupation of the whole land and buildings on the premises;
• there are no outstanding liens or encumbrances on the property, and that I/we have never heard of any other entity or person having any claim or interest in the land (in whole or in part) which in adverse to or inconsistent with my/our registered title;
• the building(s) used in connection with the land and premises are wholly situated on the land as shown on the attached survey dated , , and do not encroach on the adjoining lands; *
• there have been no additions or alterations to the buildings(s) and that no new building(s) have been erected on the property;
• to the best of my/our knowledge and belief the building(s) comply with the applicable set-back requirements’;
• to the best of my/our knowledge and belief, there is no dispute as to the boundaries of the said lands;
• to the best of my/our knowledge and belief, there has been no change in the location of the fences (hedges, shrubbery, or other boundary indications) shown on the attached survey;
• to the best of my/our knowledge and belief, I/we have never heard of any claim, encroachment or easement affecting the land, either for light, drainage, or right-of-way, except for those easements, encroachments and right-of-way that may be shown on the attached survey;
I/we am/are a resident/residents of Canada within the meaning of the Income Tax Act and that I/We intend to be resident/residents of Canada on the closing date of the transaction.
*This clause may be deleted for conventional uninsured mortgages if this Declaration of Possession relates to a period of not less than 10 continuous years.
Dated the day of , .
(Signature)
(Signature)
-----------------------
Delete if not applicable
................
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