Corporate & Commercial

Ferbrache & Farrell LLP’s corporate department offers full service corporate, banking and commercial cover and is able to advise on all aspects of Guernsey corporate and commercial law, including banking and finance, regulatory, investment funds, asset management and listings on The International Stock Exchange (TISE).

Latest Insight
22 March 2024
News
In April 2022, the Capacity (Bailiwick of Guernsey) Law, 2020 (the “Law”) came into force, enabling a person (“Donor”)  to appoint an Attorney (or Attorneys)…
Dispute Resolution

The dispute resolution department at Ferbrache & Farrell LLP has vast experience of local and international litigation and dispute resolution generally, gained from acting in complex local and international high-value disputes, both in Guernsey and throughout the world.

Latest Insight
22 March 2024
News
In April 2022, the Capacity (Bailiwick of Guernsey) Law, 2020 (the “Law”) came into force, enabling a person (“Donor”)  to appoint an Attorney (or Attorneys)…
Property

The Guernsey property department is dedicated to providing tailored solutions that meet and exceed clients’ expectations. In addition, the property department provides support to colleagues in the corporate and dispute resolution departments on real estate-related technical points of law.

Latest Insight
22 March 2024
News
In April 2022, the Capacity (Bailiwick of Guernsey) Law, 2020 (the “Law”) came into force, enabling a person (“Donor”)  to appoint an Attorney (or Attorneys)…
UK Real Estate

We are delighted to help in relation to providing legal advice for real estate in England and Wales. We listen. We learn what your needs are. We proactively respond. Whether it’s personal or commercial property, we always provide sound and pragmatic advice, adding value to the transaction.

Latest Insight
10 July 2024
News
In June 2024, The Law Society released the 5th edition of the TA6 Property Information Form. This updated form aligns with the National Trading Standards…
Private Client

Our services for private client matters include the drafting of realty and personalty wills, obtaining Grants of Probate, acting as professional executors and assisting foreign lawyers who have requirements in this jurisdiction.

Latest Insight
22 March 2024
News
In April 2022, the Capacity (Bailiwick of Guernsey) Law, 2020 (the “Law”) came into force, enabling a person (“Donor”)  to appoint an Attorney (or Attorneys)…

Primarily, the job of the conveyancing team (being a conveyancer and an advocate working in tandem) is to ensure that you will have correct title to the property, that the seller can sell what they are trying to sell and that you, the buyer, will have all the proper rights that you need to enjoy your home. In addition, the conveyancing team will ensure that there are no problems with boundaries and provide you with clarity if any third party has rights over your proposed purchase property.

The advocate and conveyancer fulfil an important role in that, through their firm’s professional indemnity insurance policy, the firm is in effect guaranteeing your legal title to the property. It is key that the correct level of research is carried out at the Greffe to ensure that, for example, boundary information is accurate, and any rights are correctly identified. This may include rights of way, rights to lean a ladder against your wall or perhaps the right to ask you to make contributions towards an access road or drainage.

Although Digimap is a useful tool, it does not determine legal boundaries.  The conveyancing team will confirm the boundary positions and features by carrying out paper research at the Cadastre and Greffe before going on site to make sure that the paper research matches what is seen on site.  If, for whatever reason, there is a discrepancy, this is normally resolved by a boundary exchange or a conveyance prior to purchase.

The buyer will then be provided with a detailed summary of the research and, at that stage, it is normal for conditions of sale to be signed (and a deposit lodged) for the parties to enter into a binding contract. Nearer to completion, the conveyancing team draft the conveyance document, and your completion account for monies to be settled, and then accompanies you to the Royal Court to complete your purchase, either on a Tuesday or Thursday morning. Then begins the buyer’s task to make the house a home.

One of the most frequently asked questions that we, as a conveyancing team, are asked is whether changing the name of a property has to be done in the conveyancing court. There is something deeply personal about the naming of a property and there are instances when a potential buyer does not necessarily like the name of the property that they are proposing to call their home. Very often the property name has a direct connection or link to the person who lives there at the time and this is not necessarily the case for future purchasers.

Whilst there might be a perception that the name of the property must be changed in the Royal Court and, more particularly, in the conveyance, this is not actually the case. In fact, a property name can be changed at any time. It certainly does not have to be contained within the conveyance, although if the new name of the home is known at the time of completion, then it is helpful to include it within the conveyance.

Therefore, as long as you inform the authorities, such as utility companies, banks and any public body that holds the address of the property, you can change the name of your home whenever you like.  There is no specific legal process for this, nor any fees payable and it is simply a case of adjusting public records.