Conveyancing fees have long been the subject of debate, perhaps
even more so since the abolition of the 1% conveyancing scale fee
in Jersey, in which a fixed price was charged for the service no
matter what was involved.
Without scale fees, conveyancing has become a competitive
business and firms must quote on a case-by-case basis, as well as
explain why a fee is set at a particular amount.
How can a householder determine whether the quotes they receive
for domestic services – perhaps your boiler being
serviced, or garden maintenance – represent value for
When you evaluate a quote, it is important to understand the
work that will be undertaken; in this, conveyancing is no
different. In buying a new home you are making probably the biggest
investment of your life, so it is vital that our services are
completed with the utmost professionalism, skill and care to ensure
that mistakes are not made.
Conveyancing can be a technically complex and often extremely
time-consuming process that is not without challenges. There is no
room for short cuts; if the conveyancing is wrong then the effects
will be felt well after you are settled into your new home. And, of
course, the financial burden of having errors put right can be
avoided if the work is carried out correctly from the start.
So, what is involved in conveyancing when you're buying your
It is essential that we ensure the property has clear and
correct title over a period of forty years. It is also essential
that the boundaries are in order, with no neighbouring disputes,
and the property benefits from all necessary rights of way, rights
of access and service rights.
To give an example of cutting corners, if your conveyancer
conducts a title check and site attendance but misses a building
restriction covenanted and agreed perpetually in favour of a
neighbouring property, a ruling court cannot set a compensation but
will require the demolition of the offending building. Depending on
the building's importance, this could potentially de-value your
property enormously and, if building insurers and/ or your lending
bank are not aware of the breach prior to purchase, you as the home
owner will not be protected. As well as causing you a considerable
loss, it is possible that a future sale of your property would be
entirely jeopardised or seriously delayed.
Your dream house could become a nightmare should the route and
rights for services and utilities not be correctly researched. No
home owner wants to spend their first nights in a property that has
no running hot water and nor would they wish for a knock on the
door from their neighbour declaring their drains are blocked as a
result of your property's drainage pipes, especially if there
is no contractual right to connect and drain into that sewer.
Should this be the case, the receiving neighbour being the
'servient tenement' could take action against you to force
its removal, causing disruption as well as great expense.
The cheapest option is rarely the best when it comes to
conveyancing, since the savings will likely come from cutting
corners. Collas Crill will always quote you a legal fee that is in
line with the extent of the work involved, so that you can be
assured of a lifetime's enjoyment of your property, free from
legal worry and avoiding further expense to put conveyancing
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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In principle, when the parties agree to arbitrate, they shall be
bound by that agreement. It should therefore follow that when a
party initiates arbitration proceedings, the other party - the
respondent – will avail itself of the opportunity to present
its case and participate in the proceedings.
With a new population management law expected to come into force next year, our head of property in Guernsey, Jason Morgan, discusses the upside for individuals and families looking to make the Island their home.
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