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Property Law

Welcome to the Property Law section.

Boundaries and Relief

Windows Jersey common law provides that a window should be built at a minimum of three Jersey feet from the boundary of the neighbouring property unless the window is non-opening and opaque. Jersey feet = 2 feet 9 inches This may also affect the building of greenhouses or conservatories. Party walls No building should encroach […]

Disputes with tradesmen

Major structural work Complaints about major structural work can be sent to the Enforcement Section, Department of Planning and Building Services for a period up to six months after the work was completed. Building construction and development disputes If you are unhappy with the work done by a tradesman, you need to send a letter […]

Ending relationships and housing

Jersey Law Jersey Law does not have common law marriages and any couple who stop living together are viewed in the same way as any two people deciding not to live together such as friends. What housing qualifications each person has will affect what sort of accommodation they are able to live in and where […]

Establishing ownership of property

Public Registry Any person may seek information from the Public Registry where all property transactions are registered. In order to look up the information, the client must have some information about the property. Royal Court House Royal Square St Helier JE1 1JG Tel: +44 1534 441300 Open: Monday to Thursday, 9am to 5.30pm and Friday, […]

Eviction Proceedings

Legal Aid is available to tenants who have grounds to defend an eviction. When can there be an eviction? At the end of a fixed-term lease or end of a notice period When a lease ends, the leaseholder has no right to stay in the property. If they do not leave, the landlord may seek […]

House Purchase – removal of goods

Buying a house and removal of goods If you buy a house or property, it becomes yours from midnight of the day the contract is passed. Therefore anything removed from the property on the morning of the contract day has been taken or converted illegally. Although in theory it is possible to remove garden plants […]

Housing Regulations and Property

How to find out if any special conditions exist Any conditions applying to land or property will be apparent by reading the last purchase consent or department records. You may request this information from the Population Office by giving details of the property and current owner’s name. The information is not considered confidential as long as […]

How to obtain a copy of house deeds

Public Registry Under Jersey Law, the contract of a house or property sale is heard in the Royal Court and then registered at the Public Registry. Anyone may obtain a copy of their contract from either the lawyer who performed the conveyancing or from the Public Registry. There would be a charge made. The contracts […]

Joint ownership of property

Types of co-ownership The contract written at the time of the purchase defines the nature of the ownership. There are two forms of ownership recognised in Jersey law; joint ownership and ownership in common. Unless there is express wording in the contract stating that there is to be joint ownership, then the presumption in Jersey […]

Joint purchasing

Freehold property Only those with Entitled or Licenced status can buy freehold property.  If a couple wishes to buy when only one partner has Entitled or Licenced status, their mortgage can be joint but the property must be in the Entitled or Licenced partner’s sole name.  The other partner can live in the property as […]

Land measurements in Jersey

What is a Vergée? The standard land measurement in Jersey is the Vergée. There are 2.25 vergées to the acre. A vergée = 40 perches carrés (19,360 square feet) A perche carré = a square each side of which measures one perche (484 square feet) A pied de perche carré = a square each side […]

Lodgers and the Law

The importance of Residential Status Anyone who arrives to live and/or work in Jersey needs to be registered under the Control of Housing and Work (Jersey) Law 2012 (‘the CHWL’).  When you register, you are given a registration card which shows your residential status. The residential status that you are given will control where you […]

Personal possessions left behind by a tenant or lodger

Possessions left by a Tenant and Money is owed to the Landlord A landlord who is owed money by their tenant is not allowed by the law to sell a tenant’s possessions to recover the debt. In this situation the landlord should get an order or restraint on the possessions until the amount of the […]

Purchase of Flying Freehold

Introduction Under the old common law of Jersey, whoever acquired the land was deemed to own it from the centre of the earth to the centre of the heavens and for that reason, one could never acquire a flat in a block of flats by way of conveyance only by way of share transfer. The […]

Purchase of Freehold Property

Current Procedure Contracts are passed before the Royal Court of Jersey on Friday afternoons and the Court comprises of the Bailiff and two Jurats. Whereas previously, copies of the contracts were written out in long hand in the Public Registry, photocopies are now taken and it is that photocopy that constitutes the evidence of title […]

Purchase of Share Transfer

What is Share Transfer? This usually applies to blocks of flats and larger properties containing several units. The property is owned by a holding company. Purchasers acquire a block of shares in the holding company which entitles them to rights but limited by rules contained in the Articles of Association of the holding company. Completion […]

Registration of Tourism Properties

Registration of Tourist Accommodation See:  Tourism (Jersey) Law 1948 Any property used as a hotel, guesthouse, self-catering unit, hostel or campsite must be registered as tourist accommodation. For how to register a property as tourist accommodation, the conditions that must be satisfied and fees paid, see here. Keeping a Register of people who stay at […]

Residential Tenancy

Residential Tenancy (Jersey) Law 2011 (‘RTL’) This law came into force on . It aims to make it easier for tenants and landlords to understand their legal rights and responsibilities when they enter a residential tenancy agreement for a residential unit. For the text of the RTL see here. Definition of residential tenancy agreement The […]

Residential Tenancy Law

Residential Tenancy (Jersey) Law 2011 (‘RTL’) This law came into force on 1 May 2013. It aims to make it easier for tenants and landlords to understand their legal rights and responsibilities when they enter a residential tenancy agreement for a residential unit. For the text of the RTL see here. Definition of residential tenancy […]

Scaffolding

Permission to erect Under the Highways (Jersey) Law 1956, a licence is needed before anything may be placed below, on or above any highway. This includes scaffolding. You need to apply to the Connétable of the Parish where the highway is.  You will need to complete an application form at least 7 days before the […]

Stamp duty on property purchase, transfer and death

What is stamp duty? Stamp duty is a government charge or fee that has to be paid on certain transactions.  Different types of transaction have different amounts of stamp duty that are payable. How is stamp duty paid? To pay stamp duty, special stamps need to be purchased from Customer and Local Services, Phillip Le […]

Status of occupiers

A Tenancy Exists If the accommodation is self-contained and five criteria are satisfied: The occupier has exclusive use of the accommodation i.e. the landlord does not have unrestricted access. A landlord has no right to a key and locks may be changed. There is a fixed rental term i.e. weekly, monthly payments. Leases are obligatory […]
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