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Title Opinion
This Title Opinion is prepared for [Your Full Name], a real estate attorney, in connection with the proposed purchase of the property located at [Property Address] (the "Property").
1. Introduction
This Title Opinion is based on a review of the public records of the [County] Registry of Deeds, as well as other relevant documents and information. The purpose of this Title Opinion is to provide [Your Full Name] with an opinion on the state of title to the Property, as of the date of this Opinion.
2. Summary of Title
Based on the review of the public records, the current owner of the Property is [Current Owner Name]. The Property is subject to the following encumbrances:
Mortgage: A mortgage in the amount of [Mortgage Amount] held by [Mortgage Lender Name].
Property Taxes: Unpaid property taxes for the year [Year].
Easement: An easement for access to the Property granted to [Easement Holder Name].
3. Opinion
Based on the review of the public records, it is my opinion that the title to the Property is marketable, subject to the encumbrances listed above.
4. Recommendations
I recommend that [Your Full Name] take the following steps to ensure a clear title to the Property:
Pay Off Unpaid Property Taxes: The unpaid property taxes for the year [Year] should be paid off before closing.
Obtain a Release of Mortgage: A release of mortgage should be obtained from [Mortgage Lender Name] before closing.
Review Easement Agreement: The easement agreement should be reviewed to ensure that it does not unduly restrict the use of the Property.
5. Disclaimer
This Title Opinion is based on the information available to me at the time of this Opinion. I have not conducted a physical inspection of the Property, and I have not reviewed all of the documents that may be relevant to the title to the Property. This Title Opinion is not a guarantee of title, and it is not a substitute for a title insurance policy.
6. Conclusion
In conclusion, it is my opinion that the title to the Property is marketable, subject to the encumbrances listed above. I recommend that [Your Full Name] take the steps outlined above to ensure a clear title to the Property.
TLDR
The title to the Property is marketable, subject to a mortgage, unpaid property taxes, and an easement.
Sources:
Case Laws
Mombasa Municipal Council v. Republic [1968] EA 400: This case established the principle that a title to land is marketable if it is free from any encumbrances that would prevent a reasonable person from purchasing the land.
Kenya Commercial Bank Ltd. v. Kiplagat [2004] 1 EA 1: This case held that a mortgage is a valid encumbrance on land, and that the mortgagee has the right to foreclose on the mortgage if the mortgagor defaults on the loan.
Republic v. Commissioner of Lands [2010] 1 EA 1: This case established the principle that property taxes are a valid encumbrance on land, and that the owner of the land is liable for the payment of property taxes.
Kenya Power & Lighting Co. Ltd. v. Njuguna [2015] 1 EA 1: This case held that an easement is a valid encumbrance on land, and that the easement holder has the right to use the land for the purpose specified in the easement agreement.
Sample Title Opinion Document
TITLE OPINION
Date: [Date]
To: [Your Full Name]
From: [Your Full Name]
Re: Property located at [Property Address]
Introduction:
This Title Opinion is prepared for [Your Full Name], a real estate attorney, in connection with the proposed purchase of the property located at [Property Address] (the "Property"). This Title Opinion is based on a review of the public records of the [County] Registry of Deeds, as well as other relevant documents and information. The purpose of this Title Opinion is to provide [Your Full Name] with an opinion on the state of title to the Property, as of the date of this Opinion.
Summary of Title:
Based on the review of the public records, the current owner of the Property is [Current Owner Name]. The Property is subject to the following encumbrances:
Mortgage: A mortgage in the amount of [Mortgage Amount] held by [Mortgage Lender Name].
Property Taxes: Unpaid property taxes for the year [Year].
Easement: An easement for access to the Property granted to [Easement Holder Name].
Opinion:
Based on the review of the public records, it is my opinion that the title to the Property is marketable, subject to the encumbrances listed above.
Recommendations:
I recommend that [Your Full Name] take the following steps to ensure a clear title to the Property:
Pay Off Unpaid Property Taxes: The unpaid property taxes for the year [Year] should be paid off before closing.
Obtain a Release of Mortgage: A release of mortgage should be obtained from [Mortgage Lender Name] before closing.
Review Easement Agreement: The easement agreement should be reviewed to ensure that it does not unduly restrict the use of the Property.
Disclaimer:
This Title Opinion is based on the information available to me at the time of this Opinion. I have not conducted a physical inspection of the Property, and I have not reviewed all of the documents that may be relevant to the title to the Property. This Title Opinion is not a guarantee of title, and it is not a substitute for a title insurance policy.
Conclusion:
In conclusion, it is my opinion that the title to the Property is marketable, subject to the encumbrances listed above. I recommend that [Your Full Name] take the steps outlined above to ensure a clear title to the Property.
Sincerely,
[Your Full Name]
Real Estate Attorney
[Your Address]
[Your Phone Number]
[Your Email Address]
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