## 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. 


## Warranty Deed

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

**WITNESSETH:**

WHEREAS, Seller is the legal and rightful owner of the following described real property located in [County], [Country], hereinafter referred to as "Property":

[Property Description]

**NOW, THEREFORE, in consideration of the sum of [Amount] Kenyan Shillings ([Amount] Ksh), receipt of which is hereby acknowledged, 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:

* All buildings, fixtures, and improvements located on the Property;
* All easements, rights-of-way, and appurtenances;
* All mineral rights, water rights, and other subsurface rights;
* All air rights;
* All rights to use and enjoy the Property in accordance with applicable laws and regulations.

**COVENANTS:**

Seller hereby covenants with Buyer, and Buyer accepts the following covenants:

1. **Seisin:** Seller covenants that Seller is lawfully seized in fee simple of the Property and has good right to convey the same.
2. **Right to Convey:** Seller covenants that Seller has the full power and authority to convey the Property to Buyer.
3. **Against Encumbrances:** Seller covenants that the Property is free and clear of all liens, encumbrances, and other charges, except as specifically set forth in this Deed.
4. **Quiet Enjoyment:** Seller covenants that Buyer shall have quiet possession and enjoyment of the Property, free from any claim or demand of Seller or any person claiming under Seller.
5. **Warranty:** Seller covenants to warrant and defend the title to the Property against all lawful claims and demands of all persons claiming by, through, or under Seller.

**EXCEPTIONS:**

This Deed is subject to the following exceptions:

[List of Exceptions]

**GENERAL PROVISIONS:**

1. **Taxes:** Seller shall be responsible for all real estate taxes and assessments levied against the Property up to and including the date of closing.
2. **Closing:** This Deed shall be delivered to Buyer at the closing of the sale of the Property.
3. **Recording:** Buyer shall be responsible for recording this Deed in the appropriate public records.
4. **Entire Agreement:** This Deed constitutes the entire agreement between Seller and Buyer with respect to the sale of the Property and supersedes all prior or contemporaneous agreements, representations, and understandings, whether oral or written.
5. **Governing Law:** This Deed shall be governed by and construed in accordance with the laws of the Republic of Kenya.
6. **Severability:** If any provision of this Deed is held to be invalid or unenforceable, such provision shall be struck from this Deed and the remaining provisions shall remain in full force and effect.

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

**[Seller Signature]**

**[Seller Printed Name]**

**[Buyer Signature]**

**[Buyer Printed Name]**

**[Witness 1 Signature]**

**[Witness 1 Printed Name]**

**[Witness 2 Signature]**

**[Witness 2 Printed Name]**

***

## Table of Contents

1. Warranty Deed
2. Table of Contents
3. Case Laws
4. Conclusion
5. TLDR

## Case Laws

This section will include relevant case laws that are applicable to the Warranty Deed.

* **Case Law 1:** [Case Name] ([Case Citation]) - This case law is relevant because it deals with the issue of [Issue]. The parties involved were [Parties]. The outcome of the case was [Outcome].
* **Case Law 2:** [Case Name] ([Case Citation]) - This case law is relevant because it deals with the issue of [Issue]. The parties involved were [Parties]. The outcome of the case was [Outcome].
* **Case Law 3:** [Case Name] ([Case Citation]) - This case law is relevant because it deals with the issue of [Issue]. The parties involved were [Parties]. The outcome of the case was [Outcome].

## Conclusion

This Warranty Deed is a legally binding document that transfers ownership of the Property from Seller to Buyer. It includes covenants that protect the rights of both parties and ensures a clear title to the Property. It is important to consult with a qualified legal professional to ensure that the Deed is properly drafted and executed in accordance with Kenyan law.

## TLDR

This Warranty Deed transfers ownership of the Property from Seller to Buyer, includes covenants to protect both parties, and ensures a clear title. It is important to consult with a lawyer to ensure it is properly drafted and executed.

***

This is a sample Warranty Deed and should be reviewed by a qualified legal professional before use. It is important to note that this document is for informational purposes only and does not constitute legal advice. You should consult with a lawyer to obtain legal advice tailored to your specific situation.

### 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](http://www.kenyalaw.org:8181/exist/kenyalex/index.xql)
- [Legal Dictionary - Warranty Deed](https://legaldictionary.net/warranty-deed/)
- [Investopedia - Warranty Deed](https://www.investopedia.com/terms/w/warranty-deed.asp)

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

Ask a lawyer: Draft a Warranty Deed for a seller and buyer of residential property

Ask a lawyer:
Draft a Warranty Deed for a seller and buyer of residential property