Why are there different types of home ownership in Jersey and what do they mean?

In Jersey, there are four main types of residential property ownership.

1. Freehold

This is the simplest and most traditional form of ownership. You own the property, the land it sits on and generally everything above and below the property within its boundaries. Typical examples are detached houses and semi-detached houses.

2. Leasehold

With a leasehold property, you own the right to occupy the property for a specified period under a lease, rather than owning it outright forever. You have a long-term lease (often many decades) but someone else owns the freehold (the building and land). Typical examples are blocks of apartments.

3. Share Transfer

A share transfer property is common for apartments in Jersey. Instead of buying the apartment itself, you buy shares in a company that owns the building. Those shares give you the right to live in a specific apartment. You can usually buy one without housing qualifications, but you need the correct residential status to live in it.

4. Flying Freehold

A flying freehold is becoming increasingly popular in Jersey and is often preferred over share transfer ownership for new apartment developments. You own your apartment outright, as well as a share of the building’s common areas, such as hallways, gardens and parking areas. Unlike share transfer properties, buyers need the appropriate Jersey residential qualifications to purchase a flying freehold property.

As a first-time buyer, what financial and legal steps should I take before I start viewing properties?

If you’re thinking about buying a property, start by speaking to your bank or a trusted financial adviser to understand your budget. Find out how much you could borrow and what monthly payments you can comfortably afford.

It’s also a good idea to get a fixed-fee quote from a lawyer so you can factor in legal costs, stamp duty and any bank fees from the outset.

The biggest mistake many buyers make is falling in love with a property before knowing whether it’s within their budget. Understanding your finances first will make your property search much less stressful and help you focus on homes you can realistically afford.

What does “subject to contract” actually mean in Jersey and at what point in the process am I legally committed to buying?

‘Subject to contract’ means that an agreement has been reached in principle, but neither the buyer nor seller is legally committed to the transaction yet. It is commonly used in property transactions, particularly share transfer sales. Unfortunately, either party can still withdraw from the sale at any time. In Jersey, there is no certainty in a freehold or flying freehold transaction until the contract has been passed before the Royal Court.

We recommend using a reputable estate agent and obtaining as much information as possible about the property chain to ensure transparency and reduce the risk of delays or the transaction falling through.

I’m considering downsizing. What factors should I think about before putting my home on the market?

The biggest obstacle we see with downsizing is people leaving it too late. Buying and selling property can be stressful at the best of times and if you’re also dealing with health issues, reduced mobility, or personal circumstances, that stress can be significantly increased.

The best approach is to start the conversation early, before a move becomes urgent. Planning ahead gives you more time to explore your options, prepare your property for sale, and find the right home without unnecessary pressure. Downsizing is often much smoother and less stressful when it is a choice rather than a necessity.

What are the typical fees involved in buying or selling a property in Jersey and when are they payable?

The costs of buying or selling a property can vary depending on the type of property and the complexity of the transaction. Common costs include legal fees, stamp duty, bank fees, valuation fees and estate agent fees.

When choosing a lawyer, it’s sensible to obtain two or three quotes. However, price shouldn’t be the only factor. It’s also worth asking about the firm’s current workload and how quickly they can start work on your transaction. Choosing a lawyer who has capacity to progress your matter promptly can be just as valuable as securing a competitive fee quote.

How does the conveyancing process in Jersey differ from the UK, and how long should I expect it to take from offer to completion?

Despite some criticism of the Jersey conveyancing process, it is actually relatively quick, with most transactions completing within around 6 to 8 weeks. By comparison, property transactions in the UK can often take several months.

The UK conveyancing market has changed significantly in recent years, with much of the work now being carried out by large-volume conveyancing businesses rather than traditional law firms. Communication is often handled through online portals and forms, and it can be difficult to speak directly to the person dealing with your transaction. In Jersey, clients generally benefit from a more personal service, with direct access to their lawyer and a clearer understanding of how their transaction is progressing.

What happens if a survey reveals a problem with the property after I’ve made an offer? Can I renegotiate or withdraw?

If a survey reveals a problem with a property after you’ve made an offer, you can usually renegotiate the price to reflect the cost of any repairs, or, if the issue is significant, you may decide to withdraw from the purchase.

It’s also worth understanding that a standard bank survey is typically just a basic valuation for lending purposes. Where possible, consider paying for a more detailed building survey, as this will give you a much clearer picture of the property’s condition and help you make a more informed decision before committing to the purchase.

As a seller, what documents and information will I need to provide to my lawyer to get the sale moving as quickly as possible?

To help your sale progress as quickly as possible, provide your lawyer with as much information as you can at the outset. This will typically include proof of identity, details of your mortgage lender (if applicable), copies of any planning permissions, planning approvals, guarantees, warranties and information about any alterations or extensions carried out to the property. If you’re selling an apartment, you’ll also need details of service charges, management companies and any relevant property documentation.

The more information you can provide from the start, the fewer delays there are likely to be later. A good lawyer will tell you exactly what is needed, but being organised and responding promptly to requests can make a significant difference to the speed of the transaction.

If you have any questions about buying or selling your property in Jersey, the Property & Conveyancing team at Le Gallais & Luce would be delighted to help.

Call: 760 760
Email: propertyteam@lgl.je
Website: www.lgl.je/services/property/

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In this month’s Connect Magazine, our Partner Marianne Shaw explores the important topic that many of us know we should address but often delay: making arrangements for the future.

Discussing wills, wishes, and end-of-life planning can feel uncomfortable. Marianne shares practical insights on why succession planning matters, common misconceptions, and the steps you can take to ensure your wishes are clearly documented and legally protected.

Read the full article in this month’s Connect Magazine.
https://app.bailiwickexpress.com/full_page_image/page-14_59820799/content.html

If you would like advice on wills, estate administration, powers of attorney, or succession planning, the team at Le Gallais & Luce would be pleased to help.

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In the Summer Edition of Gallery Magazine’s “Industry Law Edit”, our Associate and Business Development Manager,  Priya Jobanputra shares her thoughts on these sometimes tricky topics, drawing on real-life experiences from friends, colleagues and clients.

It’s an honest, insightful read, click the link to find out more.
https://issuu.com/factory/docs/gallery_jersey_june_july_2026_-_the_form_issue./104

Thinking about succession planning? The team at Le Gallais & Luce are here to help.

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The post Making a Jersey Will: A Smart Step for International Estates appeared first on Le Gallais & Luce.

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An increasingly common choice for modern married or even cohabiting couples is to have a pet instead of having children. “Fur babies”, as they can often be referred to, are becoming increasingly common for a number of reasons. However, should a couple divorce or separate, this can give rise to disputes as to what can happen to a pet or pets. Disagreements can sometimes become as heated as though couples were arguing over children.

However, as animals cannot speak for themselves and are unlikely to understand what is happening, how can any such disagreements be resolved? Can these be avoided?

The Law

In Jersey, as in England and Wales, pets are currently treated as chattels or belongings. Therefore, there is no legislation and limited legal case law for how disputes surrounding pets can be decided. Disagreements on this however can lead to arguments, hostilities and could even derail wider financial agreements as considerations for pets override all other matters that need to be resolved.

Previously, the strict legal position has been to look at how a pet is owned in terms of any legal papers or documents regarding the purchase of a pet and who paid for them. For unmarried couples who are not captured by any family law provisions as married couples would be, this is usually a starting point.

However, for married couples the Court may be willing to take into account other factors in determining how arrangements for family pets may be resolved upon divorce. In the UK case of RK v RK [2011] EWHC 3901, the Court determined that the considered approach that should be taken is not who paid for or has title for a pet, but rather who has assumed the practical caregiving role (in terms of feeding, walking, vet trips etc.). This approach has since been cited as foundational in disputes over pets on divorce and has provided an anchor for courts to determine pet ownership by reference to patterns of care and ongoing responsibility, rather than pure legal title.

The Court went one step further in the case of FI v DO [2024] EWFC 384 (B) (humorously “the Fido case” ) concerning a family dog in a divorce. The Husband claimed that he owned the dog as his emotional support animal, and it was registered as the same. The Wife, however, contended that the dog was more akin to a family pet and had been treated as such by her and the children. The Court found that the Husband’s claim was litigation-driven, as his registration of the dog as a support animal had taken place after the parties had separated. He had also been seen to cause the dog harm when forcibly removing it from the Wife’s mother whilst she took it out walking. By contrast, the Wife’s evidence appeared sound. The dog was therefore ordered to be transferred to the Wife, where it would remain after divorce.

When making such determinations, the Court can consider wider factors which may influence its decision. In other jurisdictions, for example Australia, the law has even been changed to identify factors which the Court should take into account when considering pet ownership (noted as “companion animals” under their Family Law Act 1975):

• The circumstances in which the animal was acquired;
• Who has ownership or possession of the animal;
• The extent to which each party cared for, and paid for, the maintenance of the animal;
• Any family violence to which one party has subjected or exposed the other party;
• If there was any animal abuse or threat of animal abuse towards the pet as a form of family violence;
• The attachment or relationship of each party and any children to the family pet;
• The demonstrated ability of each party to care for and maintain the animal in the future, without support or involvement from the other party; and
• Any other fact or circumstance which the Court considers needs to be taken into account.

It should be noted that, if there are children in a marriage, one paramount consideration that the Court takes into account is the welfare of any children in a divorce. Depending on their relationship with a pet and the potential extent that any separation from the animal could have on their welfare, this could be an important consideration for the Court.

Other points that parties may wish to consider concerning animals include how much the pet may be worth – not just in terms of how much was paid for it but also if, for example, the pet was used for breeding – there is likely to be a significant difference in the value between a pet gerbil or hamster and a pedigree cat, dog or race horse!

Additionally, not only should the future cost of a pet be considered in terms of affordability but it might be that if a pet is used for breeding this could impact one party’s income if they are a registered breeder and rely on the pet for this purpose. Every pet’s situation is different and may need to be determined on the facts.

What does this all mean – the emergence of “Pet-Nups”

As a consequence of the rising importance and significance of pets in relationships and the lack of firm legal guidance surrounding the same, some couples are now choosing to enter into agreements surrounding their furry (or otherwise) friends. These agreements, or “Pet-Nups” as they are being dubbed, are akin to other agreements such as pre-nuptial or post-nuptial agreements in that they record what the parties intend to happen to a pet should they separate.

These agreements are not legally binding, but can be persuasive should any disagreement over a pet result in a court dispute, or become a factor for the Court to determine in a wider dispute, as they show a clear agreed intent with respect to a pet. This can save time, cost and disagreements arising should the worst happen and will provide clear guidance for couples as to what they would like to happen with their pet upon separation. There is no limit as to what a pet-nup can contain – whether this be in respect of ongoing expenses, who retains an animal after separation or if the animal is to go between homes, or if there is to be a consideration of a change of registration or legal ownership – an agreement can contain anything that couples consider they may like to record arrangements for.

The Future

As matters stand, there are indications of movement regarding the increased significance of pets in addition to or even instead of children for modern couples and, as is being seen with other jurisdictions around the world – not just Australia, but in Spain, Portugal, New Zealand, Colombia, France and certain states of the USA as well as other places – reforms to law to recognise animals as a different category of personal possession: living and feeling. However, any local law reform is unlikely to occur for the foreseeable future. Therefore, a pet-nup could be the way forward for couples wishing to ensure arrangements for their pets are in place should their relationship not go as they hope.

Get in Touch

If you want to discuss a pet-nup, or any kind of wider pre-nuptial or post-nuptial agreement, our expert team can help with all areas of Family Law and will be able to assist you. Call us on 01534 760760 or email family@lgl.je.

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