The Advocates (Remuneration) Order
37. Where property is sold subject to incumbrances
37. Where property is sold subject to incumbrances
Where a property is sold subject to incumbrances consisting of one or more legal mortgages or legal charges, the amount of the incumbrances shall be deemed part of the purchase money for the purpose of calculating the charges for the conveyance, except where the mortgagee is the purchaser, in which case the charge for the conveyance shall be calculated upon the price of the equity of redemption.Source: Kenya Law