Buying and selling services in Jersey

We'll go over your sales contract with you and answer your questions. This includes explaining the property's boundaries and any rights or responsibilities that come with the purchase. 

When buying a freehold or flying freehold property, you will need to appear in the Royal Court to complete the purchase. To help guide you, a member of Ogier’s Property team will join you. If you can't attend,  you can give a power of attorney to a member of our team to appear on your behalf.

We're here to help you fully grasp the detail of your mortgage. Our team will explain all the documents provided by the bank's lawyers, ensuring you're thoroughly informed before you make one of the most significant financial decisions of your life. 

Our team will contact the planning department, utility services and relevant parish authorities to uncover any potential issues about the property. We will gather all the information you need to make an informed decision about buying your new property, ensuring a seamless transition towards enjoying your future home. 

We visit the property to make sure the description in the contract matches what is on site. If we identify any issues, we'll discuss these with you and suggest potential solutions, for example involving a neighbour to clarify a boundary.

Stamp duty is paid by property buyers on purchase contracts and registered mortgages.  

Our team will assess if you qualify for any stamp duty savings, for example being an eligible first-time buyer and help calculate the stamp duty rate of your property.  

We'll ensure the seller has the legal right to sell the property and that there are no barriers to transferring ownership to you. Our team conducts a thorough title check to safeguard your future ownership. 

Purchasing a property is a significant life event. To ensure your assets are protected and your wishes clearly documented, we highly recommend making a will or reviewing your current will. Our dedicated Estate Planning, Wills and Probate team will guide you through updating or drafting your will to reflect your property purchase. 

Our team will prepare the documentation for the sale of your property and liaise with the buyer's lawyer regarding any queries. We’ll provide you with the standard seller questionnaire introduced by the Jersey Law Society for completion. You will be required to complete this form, detailing all vital information for the benefit of the buyers at the start of the property sale.

When selling a freehold or flying freehold property, you will need to appear in the Royal Court to complete the sale. To help guide you, a member of Ogier’s Property team will join you. If you can't attend, you can give a power of attorney to a member of our team to appear on your behalf.

We'll liaise with your mortgage lender to ensure all mortgages and secured charges on the property are settled from the sale money and existing charges cancelled. 

When people discuss owning property outright, they’re usually referring to freehold ownership. "Freehold" is the most traditional and common way to own property in Jersey. It means you own the land and any buildings on it forever, or "in perpetuity".

It is possible for a freehold property to be burdened with certain obligations for example rights that others may have over your property, such as a path across it or a right to use a section for a specific time (life-interests or usufructs)

As a freehold owner, you have complete ownership over the property and the land – everything above and below it, within its boundaries. This means you're also fully responsible for its upkeep and any maintenance costs.

It’s important to note that freehold property is considered "realty". Under Jersey law this is treated differently to other assets so we recommend you create a separate will specifically relating to the real estate upon your passing.

In Jersey, "flying freehold" refers to a unique way of owning property, often used for flats or sometimes commercial spaces within mixed developments. When you buy a flying freehold property, you're purchasing a "lot" or "share". This means you own your specific flat or unit, plus a shared interest in the building, including the land underneath it, common areas such as hallways and gardens. Essentially, flying freehold properties are treated as separate pieces of land under the law, allowing them to be mortgaged and dealt with like any other piece of real estate. 

Owners of flying freehold properties are part of a collective group, forming an association to manage the building's shared aspects. Decisions regarding property maintenance, building insurance, and other relevant matters are subsequently managed by this association. 

In Jersey, "share transfer" is a common way to own a flat or apartment. Instead of buying the property directly, you purchase shares in a company that owns the building. When you own these shares, you're granted the exclusive right to live in a specific flat or unit within the property. 

Your shares also come with certain rights and responsibilities regarding the property's use and maintenance. Essentially, through share transfer, you become part of a company that owns the building, and your investment in the company gives you the right to occupy your home.

In Jersey, "leasehold" refers to a way of owning property where you have the right to use and occupy the property for a long period, typically over nine years, through a contract known as a lease. This method is more common for commercial spaces and is less frequently used for residential properties. 

This allows these longer leases, or contract leases, to be used as security for a loan, provided the lease permits it or the landlord agrees to the arrangement. The main difference between leasehold and freehold ownership is who owns the land. With a leasehold, you own the rights for a set period but not the land the property is built on.