Ogier’s 8 Step Summary Guide to Buying and Selling Property in Jersey
Completing the purchase of a new home should be a happy and significant moment. Here are some steps that you, the prospective purchaser, can take to ensure the odds on a happy outcome are edged more in your favour.
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Detailed Guide to Freehold Property
Jersey’s system of freehold conveyancing is very much a public procedure and always has been.
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Detailed Guide to Flying Freehold Property
The "Flying Freehold Law" (the "Law"), was enacted in 1991 for the purpose of providing for the co-ownership of buildings, which are to be divided into separate dwellings. Thus, in particular, enabling apartments or units to be sold on a freehold basis as opposed to share transfer.
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Questions To Ask When Obtaining a Fee Quote for the Sale or Purchase of a Property
This guide is intended to explain what sort of fees you might incur when you buy or sell property. It can also be used as a check-list when obtaining a fee quotation from your lawyer to try to ensure that you obtain a comprehensive fee quote so that his final statement does not contain any nasty surprises.
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A Guide to Share Transfer in Jersey
Buying an apartment or house by ’share transfer’ is a very different procedure to freehold acquisition as you must acquire shares in a company. Because the transaction involves not only a property, but also a company, additional procedures and checks will need to be made to ensure that the company and its records are in order.
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Land Transfer Tax
With effect from 1st January 2010 Land Transfer Tax at a rate equal to stamp duty on freehold transactions will be payable on the purchase and mortgage of a share transfer apartment.
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Residential Qualifications
In
Jersey, it is necessary to have residential qualifications and the formal written consent of the Housing Minister in order to either buy or rent property. A brief summary of the Regulations is set out here.
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J Category Housing Qualifications
This Regulation applies to a person whom the Housing Minister accepts as being essentially employed in the
Island. The 1(1)(j) provision is designed to assist employers with recruitment when no satisfactory local person is available.
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1(1)(k) Residential Qualifications - An Overview
Certain individuals can acquire Housing qualifications and the right to acquire landed property in the island on the basis that consent "can be justified on social or economic grounds". The application for a consent under regulation 1(1)(k) is a two-stage application and normally granted to a would-be wealthy immigrant.
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Living in Jersey as a 1(1)(k) and Family
If an individual is granted residential qualifications as an approved wealthy immigrant 1(1)(k) and moves to Jersey, some of his family may move with him. Hoever, as the 1(1)(k) permit is not issued in favour of his family, what are their rights to reside in the island?
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Owning and/or Occupying Non-Residentially Qualified Property
Following the coming into force of the "Housing Law", formal consent is required for the purchase or leasing of property in Jersey, if you have housing qualifications. However it is possible to either occupy, own or own and occupy property if you are not residentially qualified.
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Inherited Property Who Can Now Occupy?
An important change in the manner in which inherited land situate in Jersey can be occupied came into force last year. The position in respect of inherited property prior to the amendment has not changed.
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Third Party Planning Appeals
Important changes in the manner in which Planning decisions can be appealed came into force on 1 April 2007.
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Equity Agreements
When a married couple separate, complex and well established principles of law come into operation. The legislation and case law relating to divorce makes comprehensive provision for the division of the assets.
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Boundaries and Easements
It is important to appreciate that a proposal relating to the use or development of a property might well involve several of the legal principles set out here.
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High Hedges Legislation
Hedges and trees form an important part of the environment, however the growing of the wrong type of hedge in a residential neighbourhood can cause very real suffering to those who live alongside it. The High Hedges (Jersey) Law, 2008, became law on 12 January 2008.
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