Specialists in Jersey Law for balanced advice when it really matters
• Conveyancing • Criminal • Elderly Client • Employment
• Estate Administration • Family • Litigation • Personal Injury
• Personal Law • Probate • Wills
Marian E. Whittaker Angela P. Roscouet Philip M. Livingstone Michelle L. Palmer (Solicitor) Richard J. Renouf (Consultant)
discussed with you. Such an issue might for example be where there is an indistinct boundary and you will want the seller to approach a neighbour to have that neighbour join the contract, in order to ratify the uncertain boundary. This can take time to sort out. You also need to know whether boundary walls are owned by your property, your neighbour's property, or are 'party' (jointly) owned. You should also tell your lawyer what your specific plans are for the property. Do you hope to extend? If so, where? Do you intend to run a business from the property and, if so, what type of business is it? Contracts often contain restrictions which might affect your proposed enjoyment of the property and, whilst your lawyers should point these out to you, if you tell your lawyer what you are planning to do with the property, you can be sure to be alerted to any potential issues.
• Sort out your Wills You should consider and discuss with your lawyer whether or not you need to make or change a Will. Real (or immovable) property is treated very differently in Jersey law to personal (or movable) property, and this is the time to consider your Will arrangements.
• Consider Equity / Cohabitation Agreements If you are an unmarried couple and / or if one of you is not qualified to buy property, it is very important that you both know where you would stand when the non- qualified partner obtains their qualifications, or if you come to sell the property in the future, or you subsequently marry or split up. This type of agreement can regulate your affairs. This is particularly important from the point of view of a non- qualified person who will not be a part owner of the property and who can be left in a vulnerable position without appropriate safeguards in place.
SELLING Fortunately, there is less to consider when
selling a property than when buying it; hence the expression "Buyer Beware". There are, however, still some things you should consider before putting your property on the market.
• Planning Have you done any work at the property? If so, are you sure it has been signed off by Planning? The buyer's lawyer will receive a report from the Planning Department and, if it is evident that work has been done at the property, they will need to be satisfied that the work has received planning permission. It is better to sort this out in advance of a sale rather than on the point of the sale, since this might involve delay or even possibly cause the sale to fall through.
• Boundaries Have any boundary stones disappeared during your occupation of the property? Have any walls or fences been built? If there is a suggestion that there are any boundary issues, and particularly if you are on good terms with your neighbour, it might be a good idea to approach them before selling, to agree to your mutual benefit (and cost) to clarify the boundary. If not, then when you come to sell, the buyer's lawyer may require you to approach the neighbour to have them joined to the contract as a party, at your cost.
• Estate Agents - Who should you use? Recommendations are important, as is price. You must decide whether to use a single agent, or two or more agencies. The percentage fee will usually be lower where you are using a single agent, but you must weigh up the possibility that in this way you may not reach the same market as you might if you have several agencies working for you.
• Which Lawyer? You may have lawyers who you have used in the past and whose
services you are happy with. They should still be prepared to give you a competitive quote, but price is not everything -the level of service is vital, both in purchases and sales. Don't be pressurised into using a lawyer towards whom the estate agent directs you. In seeking quotes, give as much information as possible to the law firm(s) you are approaching. The lowest price is not necessarily going to produce the best result for you. Who impresses you most during the quoting process? That is likely to be an indicator as to the level of service you will receive if you go with that firm. Do bear in mind that if complications arise (in a purchase or sale), your lawyer may seek to alter the quote because of the extra work involved. The cheapest initial quote isn't always the one which leads to the lowest bill!
At LWR Law, we pride ourselves on the quality of service we supply to our clients, and work for a predominantly Jersey based set of clients. We are always happy to discuss your conveyancing requirements, without obligation, and to provide a detailed written quote.
LWR Law Rutland House, Pitt Street, St.Helier, Jersey JE4 0YL
Tel: 01534 506800 Email:
enquiries@lwrlaw.je
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