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Draft a Warranty Deed for a seller and buyer of residential property

Table of Contents

  1. Introduction

  2. Warranty Deed

  3. Conclusion

Introduction

This response will provide a draft Warranty Deed for a seller and buyer of residential property in Kenya. The draft will be based on the relevant provisions of the Land Registration Act, 2012, and the Transfer of Property Act, 1882.

Warranty Deed

This Warranty Deed is made and entered into this [Date] day of [Month], [Year], by and between [Seller's Name], residing at [Seller's Address], hereinafter referred to as "Seller," and [Buyer's Name], residing at [Buyer's Address], hereinafter referred to as "Buyer."

WITNESSETH:

WHEREAS, Seller is the lawful owner of the following described property located in [County], Kenya, hereinafter referred to as "Property":

  • [Legal Description of Property]

WHEREAS, Seller desires to sell and convey the Property to Buyer, and Buyer desires to purchase the Property from Seller, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the sum of [Amount] Kenyan Shillings ([Amount] Ksh), receipt of which is hereby acknowledged by Seller, Seller hereby grants, bargains, sells, conveys, and confirms unto Buyer, and Buyer hereby accepts, the Property, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, claim, and demand whatsoever of Seller in and to the Property, including but not limited to:

  • [List of Specific Rights and Interests, e.g., easements, rights-of-way, fixtures]

TO HAVE AND TO HOLD the Property unto Buyer, and Buyer's heirs and assigns forever, subject to the following covenants and agreements:

  • [Covenants and Agreements, e.g., easements, restrictions, encumbrances]

Seller hereby covenants and agrees with Buyer as follows:

  1. Seisin: Seller warrants that Seller is lawfully seized of the Property in fee simple and has good right to convey the same.

  2. Quiet Enjoyment: Seller warrants that Buyer shall quietly enjoy the Property free from any encumbrances or claims of any third party.

  3. General Warranty: Seller warrants that Seller will defend the title to the Property against all lawful claims of any third party.

  4. Further Assurance: Seller agrees to execute and deliver any further instruments or documents reasonably necessary to perfect Buyer's title to the Property.

IN WITNESS WHEREOF, the parties have executed this Warranty Deed as of the date first written above.

[Seller's Signature]

[Seller's Printed Name]

[Buyer's Signature]

[Buyer's Printed Name]

[Witness Signature]

[Witness Printed Name]

[Witness Signature]

[Witness Printed Name]

[Notary Public Seal and Signature]

[Notary Public Printed Name]

[Notary Public Commission Number]

[Notary Public Date]

[Registration Stamp]

[Registration Number]

[Registration Date]

Conclusion

This draft Warranty Deed is intended to be a general guide and should be reviewed and adapted by a qualified legal professional to ensure it meets the specific requirements of the transaction and complies with all applicable laws and regulations in Kenya. It is crucial to consult with a lawyer to ensure the deed accurately reflects the parties' intentions and protects their interests.

Answered by mwakili.com