General policy
- Homestead Act evidence, consents, releases, discharges of homestead notices, and discharges of dower caveats cannot be corrected with a lawyer’s letter.
- Evidence under The Homesteads Act evidence must be provided by the relevant owner directly.
- A document where The Homesteads Act evidence has been altered without re-execution will not be accepted.
Form 30 or affidavit or statutory declaration to fix evidence
- Defective or missing evidence under The Homesteads Act evidence can be clarified, corrected or inserted with either Form 30, Correction of Statutory Evidence, or with a supplementary affidavit or statutory declaration.
Use of the Declaration as to Possession:
- A sworn document known as a Declaration as to Possession is prepared by lawyers involved in real property conveyancing. This document often contains evidence pursuant to The Homesteads Act.
- Where a land titles document requires evidence pursuant to The Homesteads Act and that evidence is either insufficient (a partial statement such as, “My co-transferor is my spouse”) or completely missing, land titles can rely on the statements contained in a Declaration as to Possession.
- The declaration must:
o Be the original or a scan of the original; and
o Contain evidence that does not contradict evidence already be in the document. If the evidence in the document is wrong (as opposed to being merely insufficient) it must be corrected by Form 30 or with an affidavit of statutory declaration.