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

Warranty Deed for Residential Property


WARRANTY DEED

THIS DEED is made on this [Date] by and between:

SELLER/GRANTOR: [Seller's Full Name]
[Seller's Address]
[City, State, ZIP Code]
[Country]

AND

BUYER/GRANTEE: [Buyer's Full Name]
[Buyer's Address]
[City, State, ZIP Code]
[Country]

WITNESSETH:

WHEREAS, the Seller/Grantor is lawfully seized in fee simple of the property described below and has good right and lawful authority to sell and convey the same;

NOW, THEREFORE, for and in consideration of the sum of [Amount in Words] ([Amount in Figures]) Kenyan Shillings, the receipt and sufficiency of which is hereby acknowledged, the Seller/Grantor does hereby grant, bargain, sell, and convey unto the Buyer/Grantee, and the Buyer/Grantee's heirs, successors, and assigns forever, all that certain parcel of land situated in [City/Town], [County], Kenya, and more particularly described as follows:

LEGAL DESCRIPTION OF PROPERTY:

[Insert Legal Description of the Property]

TOGETHER WITH all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof.

AND THE SELLER/GRANTOR COVENANTS WITH THE BUYER/GRANTEE that the Seller/Grantor is lawfully seized of the property in fee simple and has good right to convey the same; that the property is free from all encumbrances, except as noted herein; that the Seller/Grantor warrants and will defend the title to the property against the lawful claims of all persons whomsoever, except as noted herein.

ENCUMBRANCES:

[List any encumbrances, liens, or other exceptions to the title, if any]

IN WITNESS WHEREOF, the Seller/Grantor has hereunto set their hand and seal on the day and year first above written.

SELLER/GRANTOR:


[Seller's Full Name]

BUYER/GRANTEE:


[Buyer's Full Name]

WITNESSES:


  1. [Witness 1 Full Name]
    [Witness 1 Address]


  2. [Witness 2 Full Name]
    [Witness 2 Address]

ACKNOWLEDGMENT:

REPUBLIC OF KENYA
COUNTY OF [County Name]

On this [Date], before me, the undersigned, a Notary Public in and for said County and State, personally appeared [Seller's Full Name], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.


Notary Public

My Commission Expires: [Date]


TLDR

A Warranty Deed is a legal document that transfers ownership of a property from the seller to the buyer, guaranteeing that the seller holds clear title to the property and has the right to sell it. The deed includes a legal description of the property, any encumbrances, and is signed by both parties and witnesses, and notarized.

Conclusion

This Warranty Deed ensures that the buyer receives a property free from any undisclosed encumbrances and that the seller guarantees the title. It is essential for both parties to review the document carefully and ensure all details are accurate before signing.


Sources:

  • Kenya Law Reports

  • Legal Dictionary - Warranty Deed

  • Investopedia - Warranty Deed

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