Q&As

Assignment of Agreement Benefits Without Explicit Consent

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 08 September 2017

A property lacks formal planning permission for its current use. The buyer’s solicitor requested a statutory declaration from the seller’s solicitor to confirm the seller’s long user of the property. However, the seller’s solicitor has provided a statement of truth instead of a statutory declaration. Does a statement of truth have any formal legal effect in this context or should the buyer insist that a statutory declaration is provided instead?

A statutory declaration is a formal statement complying with the formalities prescribed by the Statutory Declarations Act 1835 which affirms the truth of a matter to the best of the knowledge and belief of the declarer. An independent commissioner for oaths is required to attest to the signature of the declaration.

Statutory declarations are used as formal evidence in numerous situations. Commonly they are used to demonstrate a certain factual circumstance, such as the use to which a property has been put by a previous owner, so that an

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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United Kingdom

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