A practical guide to property law in Jersey 

September, 2023 - Eleanor Witterick

Overview

Jersey property law is derived from a mixture of local statute and customary (common) law. Jersey's customary law has evolved from Norman-French law and is primarily contained in the judgments of the Royal Court of Jersey and the writings of local and French jurists.

In Jersey law property is either "movable" or "immovable". These classifications are broadly similar to the English classifications as "personal" or "real" property. Land in Jersey, together with any buildings or dwellings that may be constructed on the land, constitute immovable property. There are also certain other interests in land such as leases for a term in excess of nine years that are also deemed by law to be immovable property.

Please download our guide for an overview of:

Types of property ownership in Jersey:

  • Freehold
  • Flying freehold
  • Share transfer
  • Leasehold

Who can own property?

  • Individuals
  • Joint tenants
  • Tenants in common

Restrictions on property ownership

  • Company ownership
  • Trusts
  • Inherited property
  • Share transfer
  • Agricultural land

Housing control

  • Control of Housing and Work (Jersey) Law 2012
  • Entitled
  • Licensed
  • Entitled for work
  • Registered

The property market in Jersey:

  • Estate agents
  • Lawyers
  • Lenders
  • Other parties

Liabilities of purchasers and sellers in Jersey:

  • When are parties bound?
  • Guarantee of title?
  • What are the minimum formalities of sales and purchase of immovable property in Jersey?

Tax:

  • Stamp duty
  • Tax on residential property
  • Tax on commercial property
  • Contract leases
  • Land transactions tax
  • First time buyers concession
  • Loan/mortgage security
  • Enveloped Property Transactions Tax
  • Goods and Services Tax (GST)

 



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