Description

Conveyancing

QUESTION ONE

Your client Jane is recently widowed. Her husband left a will in which hé bequeathed her one of his prime properties in Kiambu town.

• Jane instructed an advocate who obtained probate of the will and she has in her possession a Grant of Probate with the will annexed and a Confirmation of Grant showing that the property is to vest in her name.
• On the property, stands a commercial building and Pesa Bank Limited has approached her to lease out the entire ground and 1 st floor. Jane is excited because if this materializes it earns her a good income being recently retired.
• A copy of the title reveals that:

e The property was originally registered as L.R. 70007/2030 under the Registration of Titles Act.

• The tenure is leasehold for 99 years from 1/1 / 1979 Land rent is Kshs.2000 (revisable) e Size of property is 0.0750 Ha
• Jane’s advocate who handled the succession procedures has come clean and admitted she does not handle conveyancing matters hence her coming to you.
• When examining a copy of the document of title, Jane discovered that her late husband had charged the propetty to Nairobi Commercial Bank. She has visited the Bank which has confirmed that her deceased husband had cleared his loan but did not process the necessary documentation to allow the return of the title documents which are still held at the bank.

Jane now seeks your advice on the following:

• The process necessary in clearing with Nairobi Commercial Bank and getting back the title documents.

Discuss what the process means in law, the documents involved and the respective roles of the parties or their advocates.    (4 marks)

• Jane’s second born son has been issuing subtle threats claiming that the late father should have bequeathed the property to him since he had acted as caretaker for 5 years during his father’s illness. Jane is anxious and asks whether beyond the succession procedures undertaken, there is a further process of getting the titles to bear her name. If there is please advise her on:

The process.              (2 marks) (ii) Clearances and consent needed. (3 marks) (iii) The document(s) to be prepared by the advocate and their implications in law.

(3 marks) (c) On the renting out of the premises to Pesa Bank Limited, Jane and the bank have agreed on a 6 year term. Explain the following:

The documentation required and its meaning in law.        (2 marks)

(ii) The principal parts of the document and the principal terms to be included in the same.    (3 marks)

(d) Jane is concerned about the time it will take to carry out the three processes of reversing the charge registered in favour of Nairobi Commercial Bank, getting the title into her name and finally renting out the property to Pesa Bank Limited.

In terms of procedure, what will you legally do to quicken the process and how will you achieve it? (3 marks)