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The Conveyancing Process in Guernsey

July 2006 - Corporate & Commercial. Legal Developments by Carey Olsen.

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Realty is what lawyers call land and everything attached to it, be that houses, buildings or flats. The transfer of realty in Guernsey from one owner to another is achieved by the passing of a Conveyance before the Royal Court of Guernsey.

Neither the Vendor (seller) nor the Purchaser (buyer) sign the Conveyance. They consent to the transfer of the land concerned and indicate their consent in front of the Court before a Jurat. It is the Jurat who records the giving of that consent by signing the Conveyance.

The parties appear before the Court on a pre-arranged date (the completion date) and it is on this day that the purchase price is paid and possession of the realty passes.

The completion date is fixed by the parties generally some weeks beforehand, when the Conditions of Sale are agreed and signed. Most Conditions of Sale are in the form of the Guernsey Bar Conditions of Sale and are typically prepared by the Vendor