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Estate of Moralee (2012) JRC038 Does an Executor have a Right to Remuneration and Expenses Where...
Estate is Insolvent?
The will of the deceased contained a charging clause which entitled professional trustees to be paid fees and reimbursed for costs and expenses relating to administration of the estate.
Enforcing Jersey security interests over intangible moveable property
The Security Interests (Jersey) Law, 1983 as amended (the "Security Interests Law") governs the manner in which security is created over intangible moveable property (excluding leases) and the way in which such security may be enforced.
Residential Tenancy (Jersey) Law 2011
The Residential Tenancy (Jersey) Law 2011 (the "Law") was adopted by the States in order to facilitate the establishment of a modern legal framework for the residential landlord and tenant relationship.
Changes to Jersey housing law
Control of Housing and Work (Jersey) Law 201-
The new law is expected to come into force in August 2012. The headline points are:
Treasury services for local Jersey property developer clients
Enhancing client cash deposits
Tell me about treasury services
Ogier can now offer a service to enhance its local Jersey property developer clients' cash deposits held during off-the-plan development schemes.
PROPERTY RIGHTS FOR UNMARRIED COHABITANTS
The Supreme Court of England & Wales recently affirmed in Jones v Kernott [2011] UKSC 53 the principles upon which the Courts in England & Wales may determine the beneficial interests of unmarried couples in their family home.
Preserving rental income streams: the impact of GST and the end of the...
'grandfathering' provisions in 2012
In the current economic climate the preservation and maximisation of rental income continues to be crucial as capital values of investment properties achieve slow growth.
Developing land in Jersey: issues for the unwary
In the current economic climate margins have reduced considerably for all business and those developing property whether for residential or commercial uses are no exception. Below are a few salient reminders for those considering a site for development:-The "special" nature of the site
Acquiring Commercial Property in Jersey - a brief comparison with England
Freehold property in Jersey has its origins in French law. In 1602, Sir Walter Raleigh as Governor of the island decreed that all contracts relating to land passed before the Royal Court should be recorded in the rolls of the Public Registry. Based upon these ancient origins, Ogier has established a modern commercial property law practice.
Non Resident Landlords and Jersey Income Tax
From 1 January 2009, the way in which a non resident landlord ("NRL") pays tax on rental income earned from immovable property in Jersey changed.
Forms of Security
What are the most common forms of security granted over immovable and moveable Property?
Key Differences between Jersey and English Commercial Property Transactions
Our English clients regularly ask us the same question: "What are the main differences between commercial property transactions in England and Jersey and what can we expect when we transact in Jersey?"
Leasing Property in Jersey and Guernsey - similar but different
Although property law in Jersey and Guernsey has similar roots in Norman customary law, the laws and systems in each Island have developed separately. Consequently, so has the way in which leases of property are dealt with. There are certainly many similarities but, as we have set out below, there are some distinct differences of which those leasing property in both islands should be aware.
In the matter of the Real Estate of Thomas Charles Le Normand, deceased (Royal Court, 24 June 2010)
Thomas Charles Le Normand, deceased (the “Deceased”) died intestate as to Guernsey real estate. Under Guernsey inheritance law, which is based on Norman customary law principles of forced heirship, there are different rules for inheritance by intestacy of personalty and realty.
Issues at the termination of a lease
The current economic climate has seen an increase in disputes between landlords and tenants upon the termination of their leases. The risk of claims certainly increases when premises are not immediately re-let and landlords are keener than ever to maximise the value of their properties.
Collateral warranties
The English law of tort has developed significantly over recent years and it has become increasingly difficult to claim in negligence for "pure economic loss".
Selling a Property in Jersey
There are four kinds of property that can be sold in Jersey (two of which are freehold and two of which are share transfer) as follows:
Arun Estate Agencies Ltd v Kleinwort Benson (Guernsey) Trustees Ltd
The Applicant applied to the Court to have an EmployeeBenefit Trust (“EBT”) set aside and all the monies held bythe trustees to be returned to the Applicant. The EBT hadbeen set up to provide the Applicant’s employees withincentive and pension benefits.
'Green Leases': Commercial Lease Arrangements for Sustainable Buildings
A 'Green Lease' is a lease of a commercial or publicbuilding which incorporates an agreement between alandlord and a tenant as to how a building is to beoccupied, operated and managed in a sustainable way.
An Introduction to Civil Recovery in the Cayman Islands
What is Civil Recovery? Variously styled as ‘civil forfeiture’, ‘asset recovery’ and ‘confiscation without conviction’, the power of the state to pursue in the civil courts those who hold property acquired with the proceeds of unlawful conduct has existed in other jurisdictions for some time, but is still a recent development here in the Cayman Islands.
High Hedges Legislation in Jersey
The High Hedges (Jersey) Law 2008 (the "Law") came into force in January 2008, and defines a high hedge as being "so much of a barrier to light as….formed…. by a line of two or more evergreens….and a height of more than 2 metres above ground level". The Law is specifically designed to deal with the problems associated with evergreen and semi-evergreen trees and shrubs; it does not deal with the roots of high hedges, single trees or shrubs (whether evergreen or not), or deciduous hedges.
Distinctions between Share Transfer and Flying Freehold Transactions
Prior to 1983, the majority of sales and purchases in respect of "freehold" stand alone properties were effected by way of a contract passed before the Royal Court. Apartments could only be transferred by the sale of a block of shares in a property holding company and only where there was no mortgage taken against the shares.
Jersey Property: The Taxation (Land Transaction) (Jersey) Law 2009
The Taxation (Land Transaction) (Jersey) Law 2009 (the "Law"), now in force, places a legal obligation on the purchaser of share transfer property to pay a tax equal to the stamp duty payable on freehold transactions. This new tax charge is called land transaction tax ("LTT").
The Service Charge – More Friend than Foe?
Apartment living is on the increase and is certainly enjoying its new sophisticated image with many new and fashionable addresses bringing apartments to the Jersey market. However 'a la mode' an apartment may be though, the legalities remain the same and, in Jersey, these apartments will be bought by way of a Share Transfer or Flying Freehold transaction, or will be rented under the terms of a Lease. Invariably, each of these modes of transfer will include a mechanism whereby the purchaser or tenant will be expected to contribute to an annual Service Charge. The terms of this mechanism are set out in the Articles of Association of the Share Transfer Company or the Declaration of a Flying Freehold Association or the Lease of a rented property. There is often a misconception that the Service Charge is an unwelcome additional cost peculiar to apartment living. This article will attempt to negate this premise or least highlight the fact that this is certainly not always the case.
Property Law Jargon – What does it all mean?
A look at some of the legal jargon a prospective purchaser may encounter when involved in the legal process of buying a property in Jersey.
GST and Residential Property - Scratching Beneath the Surface
Ever since the Goods and Services (Jersey) Law 2007 introduced a 3% sales tax in 2008, GST has been the buzzword of the Property world. The impact of GST on Property transactions is far-reaching and with the proposed amendments to the GST Law and the GST Regulations 2007 the importance of keeping track of the legislation cannot be overstated. Most people are aware of the prima facie rule that GST is not chargeable on residential property transactions, due to such supplies being zero-rated under the GST Law. This article will highlight some exceptions to this rule.
Essential Employment and Housing
This Article is intended to summarise the legal position of individuals who are allocated Housing qualifications under Regulation 1(1)(j) of the Housing (General Provisions) (Jersey) Regulations 1970 (the "Housing Regulations").
Real Estate Holding Structures for Middle Eastern Investors
The global economy is currently experiencing an unprecedented crisis. The real estate sector in particular has suffered from falling valuations and a general lack of liquidity and investor confidence. However, history tells us that the real estate market is cyclical and the market will recover.
Wealthy Resident Status in Jersey
The Housing (General Provisions) (Jersey) Regulations 1970 provide for wealthy applicants to secure Jersey housing qualifications pursuant to regulation 1(1)(k), and the right to purchase property in the Island, on the condition that consent "can be justified on social or economic grounds". These applications are colloquially referred to as "1(1)(k) applications" and are referred to as such in this Briefing.
Purchasing Unrestricted Property in Jersey
While the Island of Jersey has strict regulations in relation to granting residency status, it is possible to purchase what is known as "unrestricted property". In essence, this is property that does not fall within the ambit of the Housing (Jersey) Law 1949 and regulations1 made under it (referred to in this Briefing as the "Law") due to historical loop-holes in the Law. Ownership of such a property will enable a non-residentially qualified individual to occupy, notwithstanding the provisions of the Law.
