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2 Pages<12
What is a greencard in relation to ownership of land?
MugundaMan
#21 Posted : Wednesday, November 07, 2018 4:42:04 PM
Rank: Veteran


Joined: 1/8/2018
Posts: 1,700
Location: DC (Dustbowl County)
tinker wrote:
Am interested in purchasing a prime property and due to its location and figures involved I would like to be 101% sure that the property is clean and free from any issue that may later come to haunt me.

Am in the process of 'due diligence' because the property has 2 issues;
1. Confirmed issue.
There was previous buyer who paid 10% only and nothing else until 90 days notice elapsed.
At the moment, the 1st buyer is asking for another extension of 90 days which the seller is not willing to accept.
The first issue is not a problem to me because I can't commit to buying before the 1st agreement is cancelled by both parties before an advocate.

2. Rumours:
It's rumored that the property is contested by step-sons.
The title is in The seller's name, an old lady who happened to be 2nd or 3rd wife to her late husband.

The real challenge is this rumours because according to the lady, all is fine as succession went on well and property is legally in her name.

I talked to my learned friends. One of the advocate advised that I should apply for Land Green card and check the history. the second advocate advised that I should ask the old lady to swear an affidavit that there are no family related issues whatsoever that could delay the transaction.

If you were in my shoes how would you navigate this one?.
Is a sworn affidavit enough to cover for any - unforeseen family issue in future?.
Would a green card be of any help?..much more than Land registry search document?.



I would run like the wind from this deal, baba. When you have all these shidas from the jump it never seems to end well.
"The fool says in his heart, "There is no God." - Psalm 14:1
Dustbowl County is the Future of Kenya.
**1700 posts = Adios (for real this time!)**
Swenani
#22 Posted : Wednesday, November 07, 2018 4:43:52 PM
Rank: User


Joined: 8/15/2013
Posts: 13,020
Location: Vacuum
tinker wrote:
Am interested in purchasing a prime property and due to its location and figures involved I would like to be 101% sure that the property is clean and free from any issue that may later come to haunt me.

Am in the process of 'due diligence' because the property has 2 issues;
1. Confirmed issue.
There was previous buyer who paid 10% only and nothing else until 90 days notice elapsed.
At the moment, the 1st buyer is asking for another extension of 90 days which the seller is not willing to accept.
The first issue is not a problem to me because I can't commit to buying before the 1st agreement is cancelled by both parties before an advocate.

2. Rumours:
It's rumored that the property is contested by step-sons.
The title is in The seller's name, an old lady who happened to be 2nd or 3rd wife to her late husband.

The real challenge is this rumours because according to the lady, all is fine as succession went on well and property is legally in her name.

I talked to my learned friends. One of the advocate advised that I should apply for Land Green card and check the history. the second advocate advised that I should ask the old lady to swear an affidavit that there are no family related issues whatsoever that could delay the transaction.

If you were in my shoes how would you navigate this one?.
Is a sworn affidavit enough to cover for any - unforeseen family issue in future?.
Would a green card be of any help?..much more than Land registry search document?.


ANY property contested by family members is a no go zone. Whether it's a rumuor or not.

Sworn affidavit doesn't help you
Poverty is the root of all evil
tinker
#23 Posted : Wednesday, November 07, 2018 6:22:46 PM
Rank: Member


Joined: 11/15/2010
Posts: 361
Location: Nairobi
Registrar is declining to issue a copy of a certified Green card to an advocate.
Is it true that it can only be issued to CID or Courts?.

....He who began a good work in you will carry it on to completion..
Gathige
#24 Posted : Wednesday, November 07, 2018 6:38:31 PM
Rank: Veteran


Joined: 3/29/2011
Posts: 2,041
MugundaMan wrote:
tinker wrote:
Am interested in purchasing a prime property and due to its location and figures involved I would like to be 101% sure that the property is clean and free from any issue that may later come to haunt me.

Am in the process of 'due diligence' because the property has 2 issues;
1. Confirmed issue.
There was previous buyer who paid 10% only and nothing else until 90 days notice elapsed.
At the moment, the 1st buyer is asking for another extension of 90 days which the seller is not willing to accept.
The first issue is not a problem to me because I can't commit to buying before the 1st agreement is cancelled by both parties before an advocate.

2. Rumours:
It's rumored that the property is contested by step-sons.
The title is in The seller's name, an old lady who happened to be 2nd or 3rd wife to her late husband.

The real challenge is this rumours because according to the lady, all is fine as succession went on well and property is legally in her name.

I talked to my learned friends. One of the advocate advised that I should apply for Land Green card and check the history. the second advocate advised that I should ask the old lady to swear an affidavit that there are no family related issues whatsoever that could delay the transaction.

If you were in my shoes how would you navigate this one?.
Is a sworn affidavit enough to cover for any - unforeseen family issue in future?.
Would a green card be of any help?..much more than Land registry search document?.



I would run like the wind from this deal, baba. When you have all these shidas from the jump it never seems to end well.


When It comes to Land, if in 1% doubt, don't touch. Have you not read about Koinanges Estate case which has been in court for over thirty years simply trying to define who is a wife. Sembuse wewe.


"Things that matter most must never be at the mercy of things that matter least." Goethe
whiteowl
#25 Posted : Wednesday, November 07, 2018 6:44:57 PM
Rank: Veteran


Joined: 4/16/2014
Posts: 1,322
Location: Bohemian Grove
MugundaMan wrote:
tinker wrote:
Am interested in purchasing a prime property and due to its location and figures involved I would like to be 101% sure that the property is clean and free from any issue that may later come to haunt me.

Am in the process of 'due diligence' because the property has 2 issues;
1. Confirmed issue.
There was previous buyer who paid 10% only and nothing else until 90 days notice elapsed.
At the moment, the 1st buyer is asking for another extension of 90 days which the seller is not willing to accept.
The first issue is not a problem to me because I can't commit to buying before the 1st agreement is cancelled by both parties before an advocate.

2. Rumours:
It's rumored that the property is contested by step-sons.
The title is in The seller's name, an old lady who happened to be 2nd or 3rd wife to her late husband.

The real challenge is this rumours because according to the lady, all is fine as succession went on well and property is legally in her name.

I talked to my learned friends. One of the advocate advised that I should apply for Land Green card and check the history. the second advocate advised that I should ask the old lady to swear an affidavit that there are no family related issues whatsoever that could delay the transaction.

If you were in my shoes how would you navigate this one?.
Is a sworn affidavit enough to cover for any - unforeseen family issue in future?.
Would a green card be of any help?..much more than Land registry search document?.



I would run like the wind from this deal, baba. When you have all these shidas from the jump it never seems to end well.


Family land fights can get bloody, for your own safety and peace of mind ,go and buy a different piece of land.
FRM2011
#26 Posted : Wednesday, November 07, 2018 8:46:16 PM
Rank: Elder


Joined: 11/5/2010
Posts: 2,329
tinker wrote:
Registrar is declining to issue a copy of a certified Green card to an advocate.
Is it true that it can only be issued to CID or Courts?.

heard the same too. Apparently it's an internal document under the registrar's custody.
FRM2011
#27 Posted : Wednesday, November 07, 2018 8:57:08 PM
Rank: Elder


Joined: 11/5/2010
Posts: 2,329
tinker wrote:
Am interested in purchasing a prime property and due to its location and figures involved I would like to be 101% sure that the property is clean and free from any issue that may later come to haunt me.

Am in the process of 'due diligence' because the property has 2 issues;
1. Confirmed issue.
There was previous buyer who paid 10% only and nothing else until 90 days notice elapsed.
At the moment, the 1st buyer is asking for another extension of 90 days which the seller is not willing to accept.
The first issue is not a problem to me because I can't commit to buying before the 1st agreement is cancelled by both parties before an advocate.

number 1 is a non-issue. The sale agreement alone has a time clause. Once 90 days are over, the buyer's only recourse is to get a refund if the same was in the agreement.
2. Rumours:
It's rumored that the property is contested by step-sons.
The title is in The seller's name, an old lady who happened to be 2nd or 3rd wife to her late husband.

The real challenge is this rumours because according to the lady, all is fine as succession went on well and property is legally in her name.

I talked to my learned friends. One of the advocate advised that I should apply for Land Green card and check the history. the second advocate advised that I should ask the old lady to swear an affidavit that there are no family related issues whatsoever that could delay the transaction.

If you were in my shoes how would you navigate this one?.
Is a sworn affidavit enough to cover for any - unforeseen family issue in future?.
Would a green card be of any help?..much more than Land registry search document?.

once bought a property with similar issues in nyeri. My advocate started with confirming the letters of administration. Both the grant and the confirmation after 6 months at the high Court registry. From there, we managed to get a meeting with the Registrar who confirmed the documentation in the green card is okay. Also visited two neighbours. Carried some shopping and they gave me the whole history and the battle between the co-wives. Once I got the consent from the LCB, we did the transfer and I went to fence and Connect both water and kplc instantly. One of the sons came with a bodaboda and found an army of workers and myself chatting with the neighbours. Once you are secured legally, send a message you are no pushover.

MugundaMan
#28 Posted : Wednesday, November 07, 2018 9:10:50 PM
Rank: Veteran


Joined: 1/8/2018
Posts: 1,700
Location: DC (Dustbowl County)
FRM2011 wrote:
tinker wrote:
Registrar is declining to issue a copy of a certified Green card to an advocate.
Is it true that it can only be issued to CID or Courts?.

heard the same too. Apparently it's an internal document under the registrar's custody.



Not true! One can ask for certified copy of greencard. No law against it!
"The fool says in his heart, "There is no God." - Psalm 14:1
Dustbowl County is the Future of Kenya.
**1700 posts = Adios (for real this time!)**
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