THE BEST PLACE TO FIND A NEW PLACE IN JERSEY

Jersey’s only specialist property magazine & portal | #124 | May 15th 2015

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VERDANT VIEWSBoasting a vista of picturesque meadows and verdant woodland, this hidden gem of a property is an idyllic oasis of designer living at its very best.

EXPERT ADVICEThe latest from local industry experts about the local property market and legal issues surrounding property.

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FEATURED LISTINGSFeatured Sales ...........................................4Featured Rentals ....................................25

FEATURES Property Profi le ........................................16Boundary Disputes .................................18Things Can Only Get Better ............. 20Market Update .........................................22Property Inheritance .............................24Finishing Touches .................................. 26 JECC Update ........................................... 26Directory .....................................................28JEAA Comment ..................................... 30

AGENT LISTINGSDandara ........................................................6Moore Properties ......................................8 Gaudin & Co .............................................. 10Benest Estates ..........................................12Wilsons .........................................................14Choice Properties ....................................19

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811100

St Lawrence £1,595,000One Of A KindOriginally built as a Methodist Chapel in 1832, this spacious and classic property has now been transformed into a beautiful modern home. Its contemporary interior has been blended superbly with the original features of exposed stone and classic arch windows, making the most of the character which was incorporated in the original build.  Looking upwards you see the galleried walkway on the fi rst fl oor which straddles three of the bedrooms and up again to the master suite with glass panelled fl oor. In short an amazing 4 bedroom, 4 bathroom property with ample living space, an abundance of ‘one of a kind’ features and a good size but manageable garden. CHOICE 620620

St Lawrence £935,000Ideal Family HomeAn ornate terraced coastal villa, retaining original features and character and with a beautifully restored facade. The owners have completely renovated, redecorated and re plastered this superb family home with its gracious high ceilings and ornate fi replaces. The generous accommodation arranged over 4 fl oors o� ers 5 good bedrooms 3 bathrooms all approached via a magnifi cent and very elegant entrance hall.SAVILLS 722227

St Clement £539,000Modern Living With Rural Views This superb large top floor apartment is located in the prestigious development of Millennium Court by the coast on St Clement. The apartment boasts 1,500 sq ft of accommodation in total, including a large 19 sq ft living room with balcony, kitchen/diner with balcony enjoying distant rural views, 3 double bedrooms (master ensuite) and study/bedroom 4. There is great storage in the huge loft, lift access and secure parking with 2 spaces plus visitors. This apartment is low maintenance and secure for anyone who likes to travel, and big enough to accommodate visiting family members. It is also within walking distance to town and next to the coastal beaches. The development is well managed and includes an on site caretaker.GAUDIN & CO 730341

Grouville £515,000Beautifully Presented HomeThis delightful two bedroom, two bathroom property has had the benefit of a discerning and experienced eye such that it is presented now to true interior design magazine standard. Every room shows signs of the detailed thought that has gone into how the space will work best. From the skillful design of the replacement kitchen to the multi-fold doors of the west facing conservatory that ensure that the sheltered garden can be drawn into the house, this property has so much to offer a similarly discerning new owner.MOORE 880544

St Saviour

£1,395,000 QUALIFIED

Prestigious HouseRural SettingDouble Garage &

Driveway ParkingGated EntranceNo Onward Chain

4 4

St Clement

£340,000 QUALIFIED

First Floor ApartmentDesignated ParkingBalcony with Sea View

Lounge/DinerSeparate Kitchen

2 1

Grouville

£485,000 QUALIFIED

Detached Family HouseGarage and ParkingVillage Location

Well PresentedGarden & Conservatory

3 1

St Lawrence

£615,000 QUALIFIED

Contemporary Townhouse3 Parking Spaces

Patio & Sun-Deck5 Mins Walk to BeachSuperb Location

3 3

St Saviour

£455,000 QUALIFIED

Modern Townhouse3 Parking SpacesPatio & Balconies

Possible Home with Income

3 3

Trinity

£239,000 QUALIFIED

First Floor ApartmentDelightful Rural LocationDesignated Parking

Country ViewsNo Onward ChainCommunal Garden & Store

First Floor ApartmentSeparate KitchenOffice & Storeroom

Furnishings IncludedImmaculate Condition

1 1

Grouville

£515,000 QUALIFIED

Semi-Detached PropertyBespoke ConservatoryEnclosed Garden

2 Parking SpacesQuiet Village LocationNo Onward Chain

2 2

St Saviour

£449,000 QUALIFIED

Semi-Detached HousePrivate Parking

GardenConservatory

3 2

St Helier

£199,000 QUALIFIED

1 1

St Helier

Trinity

WANTED

WANTED

WANTED

WANTED

Our ref: 12888

Contact: Nicky Woodhouse, 07700 711014

Contact: Danny Bosio 07797 712711

Contact: Angela Binnie 07829 900010

Contact: Jonathon Rabey 07797 723827

Residential & Commercial SalesLettings & Management

Unity Chambers, 28 Halkett Street, St Helier JE2 4WJ

Tel: 730341www.gaudin.je

ASKING £749,000

ASKING £985,000

Mr J is seeking a property in need of updating and his preferred location is St Helier to the East of the Island with a budget of between £350,000 and £600,000.

Ms RB is a cash buyer looking for a 4 bedroom family home in Grouville, but will consider surrounding parishes, must have a good size garden. Funds available from £800,000 to £1.3mn.

Mrs S is a cash buyer looking for a 2 generation property with garden and parking in St Helier, St Martin or St Saviour with a budget of up to £850,000.

We require Share Transfer purpose built apartments offering good rental return for serious cash investors. Immediate decision made.

3 2

Located in a quiet elevated position on a private spacious plot, this detached family home has good living accommodation throughout. The property briefly comprises of a large living room, dining room, kitchen, utility, garage and access to the basement storage all on entrance level. The first floor has 3 double bedrooms (2 with sea views from the balcony), 2 bathrooms (master ensuite). Externally there is a fantastic sized lawned garden that includes a sun terrace, and parking for 5 cars plus a garage. There is the opportunity for future development if you are looking to increase the accommodation.

Our ref: 13203

A truly beautiful large detached bungalow situated in the rural parish of Trinity, yet close enough for a quick journey to town and other amenities. There is plenty of driveway parking to the front of the property, and a large southwest facing garden to the rear, surrounded by mature shrubbery, with a heated swimming pool and paved seating area. Internally the property is very spacious and includes a large conservatory and a fully functional fireplace with granite surround. Additionally there is a double garage with plenty of storage space. A viewing is highly recommended as you won’t be disappointed!

4 3

FREEVALUATION

The Home of Good PropertyResidential & Commercial Sales Lettings & Management

01534 730341 www.gaudin.je

The sign of SUCCESS

01534 730341www.gaudin.je

FOR SALE

01534 730341www.gaudin.je

UNDER OFFER

01534 730341www.gaudin.je

SOLD

WOW factor residenceStunning views to Corbiere lighthouseModern redesign & renovated2 generation or home with income

Substantial detached property Exclusive locationMany original character featuresLarge plot, mature private garden

Immaculate & spacious bungalowPrestigious location2 double beds & 2 large receptionsSouth facing mature garden

Exceptional quality throughoutNewly built Granite houseQuiet & remote locationOverlooking the North coast

New build single storey villaTranquil private locationLuxurious open plan living areasGated driveway approach

2 VERGEE EQUINE FIELDRenovated & extended2 Gen/ home with incomePotential to add value

Perfect characterful barn conversionRural St Ouen yet close to beachModern open plan design. GarageNO ONWARD CHAIN

Quality family home 2 receptions plus a studyExtended. GarageFront & rear gardens

Multi-generational homePlans passed on house & barnsSea and rural views13 vergees (5 Equine)

Spacious 3 bed bungalowPrime LocationHuge development potentialLarge secluded plot

Detached multi-generation property 2 Self-contained integral apartments Generous lawned gardens Private driveway approach

Fully refurbished to a high standardFantastic kitchen dinerSunny s/w facing gardenGarage and parking for 5 cars

2 Gen or 5 bed, 4 receptionsOnly constructed 9 yrs agoExtremely high specificationPrivate yet convenient location

Spacious 6 bedroom houseNO ONWARD CHAINUpdating requiredPeaceful hamlet location

Impeccable family homeWow factor kitchenIntegral garageClose to amenities

Spacious apartmentWalk in condition Heart of St Aubin’s VillageModern open plan living

St Brelade

St Brelade

St Peter

St Ouen

St Ouen

St Lawrence

St Ouen St Brelade

St Ouen

St Brelade

St Brelade

St Brelade

St Brelade

St Mary

St Brelade

St Brelade

£1,695,000

£1,030,000

£595,000

£1,175,000

£690,000

£850,000

£480,000 £435,000

£1,500,000

£715,000

£975,000

£575,000

OIEO£1,075,000

£680,000

£795,000

£310,000

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EXCEP

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Charming 4 bed granite residenceSeparate 1 bedroom cottageDriveway approachExtensive grounds and meadow

4 bedroom BUNGALOWGardens front and rearViews of Elizabeth Castle and beyondImmediately available

Luxurious specificationGated driveway approachLuxurious specificationSpacious 2,800sqft

3 double bedroom family homeSafe enclosed sunny gardenConservatory. OFCHQuiet residential close

Luxurious detached new buildCountryside locationExclusive close of just 3Further scope to extend

Granite barn conversion Modern interior designTruly walk-in condition2 double bedrooms with En-suite

Luxury residential development Stones throw from the beachWalking distance to town & shopsRear garden

Purpose built with lift accessDirect & private access to beachBalcony. Walk to workClose to shops & restaurants

Newly renovated bungalowRural and sea views to the French coastHigh spec luxury finishMaster bed with En-suite & dressing room

Spacious Victorian house2 generation/ incomeRetaining original featuresBright and spacious

2 Gen/income providerLarge s/f garden & swimming poolGarage & storage/workshopClose to schools & amenities

Sought after family homeEnclosed s/f garden & conservatoryClose to local amenitiesGarage and ample parking

Eco friendly contemporary homeTotal high specification renovationOpen plan internal designLarge meadow, tiered gardens

3 bedroom BUNGALOWModern kitchenSpacious lounge/dinerGreat rear garden & rural aspect

Spacious 4 bedroom family home Master bedroom with En-Suite Generous living room with garden views Large South facing garden

Purpose built ground floor aptExcellent 1st HomeBuy to Let InvestmentExcellent Bus Route

St Martin

St Helier

St Saviour

St Saviour

Trinity

St Martin

St Clement

St Clement

St Martin

St Helier

St Saviour

St Martin

St Saviour

St Clement

St Clement

St Saviour

£1,395,000

£550,000

£1,045,000

OIEO£430,000

£1,195,000

£490,000

£570,000

OIEO£390,000

£1,200,000

£525,000

£680,000

£415,000

£1,095,000

£485,000

£569,000

£149,000

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St Helier £205,000

Excellent condition throughoutResidents parking schemeImmaculately presentedClose to all amenities

1 1 0

St Helier £179,000

Flying freeholdClose to town centrePrivate own entranceNo onward chain

1 1 0

St Saviour £895,000

Large master suiteKitchen/dinerEnclosed gardenWalking distance to schools

5 3 5

St Brelade £1,097,000

Detached modern homeWalk-in condition throughout2 Spacious receptionsGardens, front and rear

4 4 6

St Brelade £975,000

Detached multi generation propertyGenerous lawned gardens2 Integral apartmentsRequires modernisation

4 1 12

Grouville £1,495,000

Country detached residenceGreat charm and characterLarge mature gardensOwn driveway approach

4 2 8

Trinity £1,150,000

Detached dormer bungalow3 Receptions & studyFeature beams & granite fireplacePrivate location

4 2 8

St Helier £229,000

Close to town centreTucked away in quiet laneSunny communal gardenNo onward chain

2 1 0

St John £565,000

Superb rural locationFantastic character homeUtility Room and storageMatured patio front garden

4 2 2

Picturesque period property located in the sought after parish of Trinity on a quiet country lane with far reaching rural views.

Trinity £1,645,000

Briefly comprising of 2 good size reception rooms, breakfast/music room and family kitchen with large utility. On the first floor is a family snug/office, house bathroom, double bedroom and master bedroom suite with dressing room with a further 2 bedrooms on the second floor.

To the exterior of the property is a large lawned flat garden surrounded by Agricultural fields and beautiful outlook. A heated pool with BBQ and terrace entertaining areas compliment the property.

Additionally there is a detached garage block, parking and stables/storage facility.

Scope to extend subject to usual planning permissions. Early viewing highly recommended.

PROPERTY PROFILE

WORDS Tamarin Marriott-WIlkinson

Positioned on a peaceful, private road, far removed from major tra� c, Highfi eld Villa boasts a perfect location – with all the charms of country living, yet still with the convenience of nearby amenities. Having undergone a complete restoration, extended by an impressive 60%, inside you’ll fi nd a fusion of current décor and open plan living spaces, all inundated with natural light. Thoughtfully designed throughout – originally by the architect J Douglas Smith – this property makes the most of its idyllic surroundings, with fl oor to ceiling windows capturing views from almost every angle. On the ground fl oor, you’ll fi nd three beautifully

bright reception rooms, all boasting access to the picture-perfect, south facing sun terrace – the perfect space to enjoy a little alfresco dining come the summer months. The kitchen, with its contemporary high gloss units and oak work surfaces, has been fl awlessly tailored for entertaining purposes. With a separate culinary space, wine cooler and Sonos surround system (which has been installed throughout the property) this set-up is an asset to homeowners who enjoy throwing regular soirees. Combine this with on-trend LED lighting features and you have a fashionable hub in tune with the needs of modern-day living.

 Additionally, this exclusive detached property boasts a mixture of polished tiles and solid wood fl ooring.  All bathrooms are sleek and modern, whilst each of the four double bedrooms (two en-suite) are awash with natural light. The master bed, with its sublime views across the meadows, is an oasis of calm. Bespoke wardrobes, which sit behind the bed in the style of walk-in dressing room, o� er oodles of storage (a must for the fashionista), whilst the contemporary ensuite is a vision of style and relaxation. With in-built Sonos surround sound and touch-sensitive LED lights; you’d be forgiven for thinking you’d just stepped into a spa-worthy, state-of-the-art hotel.

Boasting a vista of picturesque meadows and verdant woodland, this hidden gem of a property is an idyllic oasis. Skilfully renovated and extended throughout, with no expense

spared, it’s here you’ll fi nd contemporary and ‘on trend’ designer living at its very best.

17

Highfield Villa Le Mont SohierGuide Price

£1,095,000 

Enquiries:

Savills, Jersey

01534 722 227www.savills.com · Contemporary ‘on-trend’ designer living· South facing· 4 Bedroom, 3 Bathroom Detached House· Extensive Cotil Gardens and Meadow· Garage, Double Car Port and Further Parking· Large Detached Home Office/Outer Building· Idyllic Location on a Private Road· 2005 Sq Ft· Ample storage· Qualified· EPC Exempt· Mature gardens· Services: All mains services, gas.· Full double glazing, oil fired central heating· Under floor heating in bathrooms, kitchen & dining room.· Video security entry system. ‘Sonos’ surround system. LED lighting. Cat5 wiring, sky & fibre optic

The star of the show however is the private terrace – completely hidden from view – its here you’ll stumble upon your own private sanctuary and a vision of serenity. As well as the many picture-perfect decked terraces, Highfield Villa wields a Mediterranean style garden, complete with landscaped tiered levels, brimming with lavender, olive trees and a mature Crab Apple tree – one that produces fruit every year. From the decked seating areas, to the hot tub, to the purpose built detached office (another asset to this property’s already impressive resume), this is a versatile home with much to offer the potential buyer. Despite having been re-wired, re-plumbed, fully insulated and externally clad with a low maintenance render, there is still potential to extend if more space is required. In fact, Highfield Villa has something to suit all. The exterior is home to a profusion of

additional storage space in the shape of an impressive outdoor loft – the perfect spot in which to store an abundance of garden tools, bikes, paints and pots, whilst below, you’ll find parking for up to eight cars, including an undercover car port complete with up-to-the-minute specifications, including video security entry system. Located in a private driveway with just a few neighbouring properties for company, yet still just a stone’s throw away from town and an abundance of reputable major secondary schools, here you have a stunning family home – somewhere to entertain, relax and unwind…

“As well as the many picture-perfect decked terraces, Highfield Villa wields a Mediterranean style garden, complete with landscaped tiered levels, brimming with lavender, olive trees and a mature Crab Apple tree – one that produces fruit every year.”

18

Introduction

Jersey is the 13th most densely populated territory in the world, so naturally Jersey’s unique land laws place great store upon the clear and accurate definition of boundaries between land holdings. 

Some boundary lines are drawn between boundary stones, some follow the middle of party walls and others follow natural features, such as hedgerows. As a general rule windows and doorways must be kept 3 feet back from the boundary line. 

If one neighbour builds over, on or too close to his neighbour’s boundary line or offset he commits what’s known as an encroachment. 

How the law used to work

Prospective purchasers were told, for example, that if their neighbour could prove any part of the house they meant to buy was built too near to the boundary the law could require them to remove the offending structure. This stark fact made negotiations very delicate – one side was negotiating with a wrecking ball to its head. 

What has changed?

Then came the judgement of the Royal Court in the case of Fogarty v St Martin’s Cottage Limited issued in April 2015. Viberts were instructed to act for the defendants after the plaintiff had issued proceedings seeking both the removal of the defendants’ retaining wall and the stopping up of all their downstairs western windows with opaque non-opening glass. 

The defendant objected that this would cost a six figure sum and greatly decrease in the value of their home. Besides the land involved had no value to the plaintiff as it was a steep bank planted with Leylandii trees to guard privacy.

The Plaintiff relied upon how the law used to work, arguing the Court had no power to allow the encroachment. 

The Court agreed with the defendant, stating the facts of the case warranted an order for damages.

Why did the Court feel able to change the law?

The defendants explained how, not long after they had moved in, the plaintiff had raised the issue of a formal boundary agreement reached with their predecessors. This agreement had established a new, straight boundary line by reference to two fixed points, whereas previously the exact boundary between the two properties had been vague. The new boundary meant the defendants’ retaining wall, (built over 35

years before) was now on land owned by the plaintiff. It also placed their downstairs western windows (in existence since the 1970s) too close to the boundary. 

The defendants explained that the new boundary created by the agreement was artificial. The old, unclear boundary had been further away from the defendants’ property so that their wall was not previously an encroachment. Its purpose was to determine the ownership of the plaintiff’s trees, not to turn parts of the defendants’ property into encroachments. The Court agreed. 

The Court declined to interfere in any way with the agreement, but it did rule it should not allow the plaintiff to require changes

which would have a devastating effect on the defendants without offering any real benefit to the plaintiff. 

How might this change things in the future?

The Fogarty decision is a welcome development to Jersey property law. It gives the Court a much needed alternative to the costly demolition or remodelling of an encroachment. 

Furthermore property owners embroiled in a dispute will be able to negotiate knowing the extent and nature of an encroachment will determine which remedy is the most appropriate. The particular facts of their case, and especially how the encroachment arose, have become the key factors. This in turns means that neighbours can

negotiate pragmatically, without one of them held to ransom by the threat of an order for demolition. Demolition remains possible, and indeed appropriate in the right circumstances, but once again strict principle has been tempered by notions of what is fair and just. It’s a quiet victory for the reasonable man.   

WORDS Christina Hall, Litigation Partner, Viberts

“The Court declined to interfere in any way with the agreement, but it did rule it should not allow the plaintiff to require changes which would have a devastating effect on the defendants without offering any real benefit to the plaintiff.”

TALK TO US

01534 620620www.choicejersey.com

• Purpose built apartment• Bright open aspect

• One double bedroom• Separate living room & kitchen

• Balcony• Private covered parking

St Helier £265,0001 1

• Close to harbour• Absolutely superb condition throughout

• Fabulously equipped kitchen• Ideal for entertaining

• 3/4 Bedrooms, 2 bathrooms• Parking for 2 cars & small terraced area

St Brelade £849,0004 2

• Garage linked semi• 3 Bedrooms

• Front & rear gardens• Parking

• Close to schools• Scope to extend - Plans passed

St Saviour £425,0003 1

• Unqualified• 2 Bedrooms, 2 bathrooms

• Walking distance to town• Large sitting room

• Balcony• 2 Under cover parking spaces

St Helier £625,0002 2

20

The end of February saw the media report that the fi ve-year slump in housing prices was over, with the fi rst annual rise since 2009 with all types of fl ats and houses increasing in value.

The index that measures property prices across all classes was up by 3%, with  2014 seeing the price of a typical three-bedroom house rise by £18,000, while two-bedroom fl ats rose by £19,000 and one-bedroom fl ats rose by £1,000.

That news has brought with it a welcome surge in activity within the property market here in Jersey.

Here at Skipton we have seen defi nite signs of sustained improvement, which is evidenced by the large volumes of inquiries that are translating into completions. It’s happening all across the market, from homes designated for fi rst-time buyers to the kinds of larger homes that are traditionally sought by growing families.

In Jersey, Skipton has seen a 40% increase in our mortgage pipeline since the beginning of 2015. That’s not just down to new prospective homeowners looking for a place to live – it’s because Islanders who have had their properties on the market for some time are starting to receive sensible o� ers, as confi dence improves.

There’s more than just a rise in inquiries too – this March we completed 100% more new mortgages than we did in March 2014. And a further welcome trend (albeit one that can add some frustration along the line) is that longer and longer “chains” of property sales seem to be appearing – the reason that’s good news is that it backs up our feeling that demand is returning across the property spectrum.

Of course, the increase in property values and the upswing in activity doesn’t mean that we should anticipate the kind of boom in prices that we saw in 2007 and 2008 – those rises were unsustainable, and what we’ve seen over the last few years is a long-running correction to that boom.

What’s encouraging from the most recent data both here at Skipton and across the sector as a whole, is that measured, sustainable growth is returning. As the year continues, we expect that trend to maintain itself as sustainable rises in both activity and prices deliver benefi ts for the whole sector, and the Island community as a whole.

After a slow few years that saw prices staying fl at and activity at low levels, it looks like the Jersey property market has turned the corner.

“The index that measures property prices across all classes was up by 3%, with  2014 seeing the price of a typical three-bedroom house rise by £18,000, while two-bedroom fl ats rose by £19,000 and one-bedroom fl ats rose by £1,000.”

WORDS Jim Coupe, Managing Director at Skipton International

For many of us, the thought of dying or becoming seriously ill is compounded by the thought of the impact it would have on our partners, or children.

INSURE YOUR FAMILY’SFINANCIAL FREEDOM

BASE RATE COUNTDOWNThe general opinion from most experts is that base rate, which is currently 0.50% will rise sometime next year, with predictions ranging from the Spring, to much later in the year.

Once the dust has settled after the General Election, it is possible that these predictions will change and if that is the case, then we should expect to see upward changes to the range of low fi xed rates that are currently on o� er.

WE REALLY LIKE THESE MORTGAGE INTEREST RATES!

60% discount 0.99%60% tracker 1.34%60% 5 year fi xed 1.99%75% 10 year fi xed 3.49%85% 3 year fi xed 2.69%90% 5 year fi xed 3.89%100% 5 year fi xed 5.49%

FIXED RATE OR TRACKER RATE?

If you have a salary that is large enough to give you a surplus each month, then take a punt on a tracker rate, knowing that it will start to rise at some time in the future.

If you are on a fi xed income, with little prospect of pay rises in the future, then it would be best to lock into a fi xed rate, despite the fact that it will probably cost more from the start of the mortgage.

JERSEY LENDING MARKETThis remains busy, although restrictions imposed by the UK regulators and credit committees continue to hurt the fi ve main local lenders.

In the past two weeks one lender has signifi cantly changed its lending criteria which will have a big impact, especially on fi rst time buyers, as a 35 year mortgage is now becoming increasingly harder to fi nd.

If you have sought advice on how much you can borrow during the past six months and are now thinking of buying, then it is important that you check to see how the restrictions might a� ect you, before making an o� er.

The overall e� ect of the current situation is that it is unlikely that property prices will rise in the near future, and that it is still possible to negotiate on all asking prices. It is possible that the current restrictions may be lifted later this year.

Tel: 789830www.mortgageshop.je

Whilst an insurance policy, designed to provide fi nancial support during these times, cannot bring a loved one back, it can prevent a terrible situation from being far worse.

Receiving a lump sum or ongoing income can provide choices; to repay a mortgage early, take time o� work, or ensure future education costs can still be met.

Mortgage providers used to insist that su� cient cover be in place when a mortgage was arranged. When this requirement was removed, the take up declined. Arranging cover could be one of the most important decisions you make, so if you need to arrange, or review your cover, please contact Hayley Carstairs today.

WANT TO BE KEPT UP TO DATE WITH WHAT’S GOING ON?

Then send a request to be added to our Monthly Mortgage Shop Bulletin emailing list to; kerrie@mortgageshop.je

We are often asked what the process is with regard to the sale of an inherited property, including how to register the will and how and when to market and sell the property.

The inheritanceMany people inherit property at some time in their lives. Often it is the family home, but an inheritance may also come from other family members or sources.

Freehold (also known as “real” or “immovable”) property in Jersey passes either directly through a will or intestacy, no executor is involved.

Where there is a will, the original of the will along with the death certificate must be taken to the Judicial Greffe for registration. Some choose to deal with this themselves, but your lawyer can do this for you. The Judicial Greffe will require the names and addresses of all heirs and, unless the spouse or partner is inheriting the marital home, a valuation of the property will be required in order to assess the stamp duty payable on registering the will.

Where a person dies without leaving a will (i.e. there is an intestacy) the heirs will need to be identified. This may be obvious in some cases but in others legal advice will be required. No documentation needs to be registered to establish ownership although it is encouraged in order to ensure that title is fully traceable through the records of the Public Registry; only nominal stamp is payable.

It is normal nowadays to make separate wills of moveable and immovable property, but if the will combines them, then a Grant of Probate should be applied for before registering in relation to the freehold aspect.  An application for a Grant of Probate can be made through a law firm or directly with the Judicial Greffe. Most law firms have regular

appointments, and the Grant is usually issued within five working days after the appointment. Where the application is made directly with the Judicial Greffe, an initial meeting takes place to establish the value of the estate, and a second meeting is required to make the application for the Grant of Probate; the time scale varies, but the process usually takes more time to conclude.

When can the property be sold?Under Jersey law, a will can be set aside within a year and a day of registration if, for example, a later will is found, the will was not witnessed properly or the deceased did not have sufficient mental capacity. This does not mean that a year and a day must pass before the property can be sold, and often it is the case that people prefer to conclude the sale quickly to obtain closure and organise the distribution of funds.

A seller who wants to sell before the year and a day has passed must either agree to the sale proceeds being held by their lawyer until the time has passed or take out an insurance policy to protect the buyer from risk, the premium is linked to the value of the property but it is usually quite reasonable. The latter is what usually happens.

Achieving the saleThe estate agent plays a pivotal role in achieving the sale by marketing the property and meeting potential buyers. Cost is often a factor when choosing an estate agent or a lawyer and we would advise that you seek recommendations. It is essential to obtain the best advice which may involve your estate agent or lawyer telling you what you need to know rather than what you wish to hear.

The estate agent works with the heirs to agree a sale price, to produce an inventory of contents and to suggest an achievable completion date. If negotiations reach a stalemate the agent can directly address both the heirs and the buyer to encourage a solution.

Once the estate agent has found a buyer, then the heirs’ lawyers will provide the buyers’ lawyers with a sale contract. The sale process usually takes 3-4 weeks, often depending upon any mortgage arrangements being made by the buyers. Particularly when inherited properties have not been conveyed for a while, the buyers’ lawyers may highlight boundary problems or other defects (for example encroachments or inadequate legal rights for access or main services) which need to be remedied. This can lead to delays unless efficiently and effectively handled as early as possible in the process.

All parties must be personally present or represented to pass a freehold contract before the Royal Court. If any are unavailable, off-island, or simply prefer not to go to Court, powers of attorney must be signed enabling someone, usually from the party's lawyer’s offices, to represent them. A power of attorney must be witnessed by an authorised person (usually a lawyer practising in the jurisdiction where the heirs live) before being registered in the Public Registry, thus paving the way for the sale.

The above is a “thumbnail” sketch of the sale process for an inherited property and highlights the importance of obtaining sound advice from lawyers and estate agents in order to ensure that matters run as smoothly as possible.

If you would like to discuss any of the above, please contact Robin Gilmour at Ogier on 01534 504367 or Marcus Matthews at Indigo Estates on 01534 639955, or visit us online at www.ogierproperty.com

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26

There’s no point in denying it, we’ve all been there. You go shopping for essentials and come out of town loaded with travel brochures. You were only going to be two minutes checking emails and half an hour later you’re scrolling through Tripadvisor’s ‘Top Ten Summer Destinations’ and wondering if your Prada bag can fi t everything you need for a 7-night stay in Majorca. 

The temptation of bolting into your nearest travel agent can be hard to resist. You’d love to splurge on that dream getaway but self-restraint and credit card bills have clipped your wings. There’s only one thing for it – if you can’t a� ord paradise, you’ll just have to move the mountain to Mohammed. 

Holidaying from home isn’t as drab as it sounds.  Think like a 5-star Hotelier and create the idyllic beach retreat in your garden.  Lazy hammocks can be scattered with tasteful cushions, while custom-building a gazebo will add that luxury feel. Lay down beechwood decking and dot your space with tropical plants, cozying up to fi re-lanterns as your daytime oasis turns into summer nights. Wire in a sound system for gentle ukelele rhythms as your thoughts turn to Long Island iced teas from your outdoor bar. Your favourite fi lm is showing tonight in your garden cinema, and with your own home-projector you have front-row tickets. 

Your garden is your Eden and you can plan your staycation sure in the knowledge that you’ll save on spend, cut carbon costs and beat the post-holiday blues - your personal resort is waiting for you every weekend. 

You may not have to see a travel agent for this holiday, but do make sure you consult the JeCC members list to fi nd experts in building, landscaping and construction to help you unwind in your island in the sun. 

FINISHINGTOUCHES

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essentials and come out of town loaded with travel brochures. You were only going to be two minutes were only going to be two minutes checking emails and half an hour later you’re scrolling through Tripadvisor’s ‘Top Ten Summer Tripadvisor’s ‘Top Ten Summer Destinations’ and wondering if your Prada bag can fi t everything you need for a 7-night stay in Majorca. 

The temptation of bolting into your nearest travel agent can be hard to resist. You’d love to splurge on that dream getaway but self-restraint and credit card bills have clipped your wings. There’s only one thing for it – if you can’t a� ord paradise, you’ll just thing for it – if you can’t a� ord paradise, you’ll just have to move the mountain to Mohammed. 

Holidaying from home isn’t as drab as it sounds.  Think like a 5-star Hotelier and create the idyllic beach retreat in your garden.  Lazy hammocks can be scattered with tasteful cushions, while custom-building a gazebo will add that luxury feel. Lay building a gazebo will add that luxury feel. Lay down beechwood decking and dot your space with tropical plants, cozying up to fi re-lanterns as your

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29

directory listings

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30

THE ASSOCIATIONNews from the Jersey Estate Agents’ Association

WORDS John QuemardPresident, Jersey Estate Agents’ Association

CELEBRATING 50th ANNIVERSARY 

For reliable information please see our list of members on this page or visit our website at www.jeaa.co.uk

Established in 1965, the JEAA is now celebrating its 50th anniversary. How times have changed since those early days. Back then, there were no mobile phones, no internet, no emails. Technology that we all heavily rely on in the business world today. 

In 1965, the price of a standard property in Jersey was as little as £3,000! If you really wanted to push the boat out and treat yourself, you could buy a luxury 4 bedroom detached house with panoramic views across the whole of St Aubins Bay for £8,000. If only...

50 years on, The JEAA is going from strength to strength with no sign of slowing down. Following our AGM held at Totem Private Members Club on April 30th 2015, we are pleased to announce some changes within the Association: 

New President – John Quemard of Quemard Properties, who has been Joint President of the Association for the past year, has now been appointed to serve as President. He said “As President, I am looking forward to the challenges ahead and continuing to promote the importance of the Association within the Island”. 

New Vice President – Andy Truscott of Wilsons has been elected Vice President and has also recently been elected to the Regional Executive Board of the National Association of Estate Agents (NAEA) representing the Channel Islands. Andy said “I am delighted to be on the Council and aim to strengthen the relationship between the JEAA and the NAEA in the months ahead”. 

Resignation of Joint President – Shelagh Marett has resigned her post as Joint President after a three year term to concentrate on the rebranding of her business Uniquely Estates which has recently amalgamated Uniquely Flats and Uniquely Houses under the new name. Shelagh said;

“The time was right for me to step down and concentrate on further growing my business. I will however be remaining on the Council in an advisory capacity”. The President is also pleased to announce that THE JEAA will be hosting a conference in Jersey in July in conjunction with the NAEA to promote the role of the Association in the Island and making the public aware that we follow a strict code of practice. John Quemard said “This is an important date in our calendar and will help raise the profi le of all the good work that the JEAA is achieving in the island. We will be inviting non member Estate Agents and Professionals to join us for what is expected to be a successful and memorable evening.    

The JEAA continues to provide valuable services to property buyers and sellers, landlords and tenants, and our member fi rms are there to assist you through the process from start to fi nish with our professional approach and our adherence to our Code of Practice. The Jersey Estate Agents’ Association is committed to raising the standards in estate agency in Jersey.

Bridle Estates766999www.bridle.je

Choice Properties620620www.choicejersey.com

Columbia Estates734200www.columbiaestates.je

Crespel Properties625569www.crespel.co.uk

Indigo Estates639955www.indigo.je

Maillard’s Estates737293www.maillards.je

Moore Properties880544www.mooreproperties.co.uk

ND Estates629009www.ndestates.com

Quemard Properties879879www.quemard.je

Savills722227www.savills.je

Uniquely Estates529000www.uniquelyestates.com

Voisin-Hunter Limited507702www.voisinhunter.com

Wilsons877977www.wilsons.je

JEAA Members

The Jersey Estate Agents’ Association is committed to raising the standards in estate agency. For reliable information, please see our members above.

For information on becoming a member of the JEAA and benefi ts please contact John Quemard on 879879