Affidavit of Adverse Claim: Meaning, Purpose, and Sample Form
An Affidavit of Adverse Claim is a sworn legal document filed by an individual who asserts a lawful interest, right, or claim over a real property registered under another person’s name. This affidavit is typically filed with the Registry of Deeds (RD) to notify the public and protect the claimant’s rights while a property dispute, ownership issue, or legal action is pending.
The purpose of an adverse claim is to prevent fraudulent transfers, unauthorized transactions, or premature dealings involving the property until the conflict or ownership concern is properly resolved. It serves as a public notice to any buyer, lender, or interested party that the property is subject to an ongoing claim.
When Is an Affidavit of Adverse Claim Filed?
This affidavit is generally required in situations involving:
- Disputes on land ownership or title.
- Inheritance or estate conflict involving multiple heirs.
- Unsettled property agreements or transactions.
- Protection of rights in ongoing civil cases or boundary issues.
- Preventing fraudulent sale or transfer of the property.
- Notifying third parties of a pending claim over the land or structure.
The Registry of Deeds usually requires supporting documents such as IDs, contracts, tax declarations, or proof of claim when filing an adverse claim.
What Should Be Included in an Affidavit of Adverse Claim?
A valid Affidavit of Adverse Claim usually contains:
- The claimant’s complete personal details.
- Description of the property in question.
- Title details: TCT/ OCT number, lot number, survey number, etc.
- The nature and basis of the adverse claim.
- Statement that the claim is valid, lawful, and existing.
- Purpose of filing the affidavit.
- Signature of affiant and notarization block.
Statements must be truthful and supported by documents, especially for property-related disputes.
Sample Affidavit of Adverse Claim (Editable Template)
Below is a professional, editable affidavit template. Replace all bracketed items with accurate information before filing or notarization.
REPUBLIC OF THE PHILIPPINES
[CITY / MUNICIPALITY]
[PROVINCE]
AFFIDAVIT OF ADVERSE CLAIM
I, [FULL NAME OF CLAIMANT], of legal age, [citizenship], [civil status], and residing at [complete address], after being duly sworn in accordance with law, hereby depose and state:
1. That I am filing this Affidavit of Adverse Claim to assert my lawful interest over the property covered by [TCT/OCT No.], located at [property location] and more particularly described as follows:
• Lot No.: [Lot Number]
• Survey No.: [Survey Number]
• Area: [Area in square meters]
• Property Description: [Description]
2. That my claim over the above property is based on the following facts and circumstances:
• [Explain basis of claim: inheritance, purchase, possession, agreement, etc.]
• [State relevant dates and events supporting your claim]
• [List attached documents, if any]
3. That the said claim is valid, existing, and lawful, and that I am executing this affidavit to protect my rights and interests over the property and to notify all concerned parties of this adverse claim.
4. That I am filing this Affidavit of Adverse Claim with the Registry of Deeds of [City/Municipality] for annotation on the certificate of title in accordance with the law.
5. That this affidavit is executed freely and voluntarily for legal purposes.
IN WITNESS WHEREOF, I have hereunto set my hand this [day] day of [month, year], at [place of execution].
_________________________________
[FULL NAME OF CLAIMANT]
Affiant
SUBSCRIBED AND SWORN to before me this [day] of [month, year] at [place], affiant presenting a valid government-issued identification:
ID Type and Number: [ID details]
Date & Place of Issuance: [details]
_________________________________
NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of _____.
Disclaimer: This affidavit template is for general guidance only. Requirements may vary depending on the Registry of Deeds or legal situation. Consult a lawyer for legal advice involving property disputes.