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
21 February 2024
Insight
Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
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
21 February 2024
Insight
Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
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
21 February 2024
Insight
Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
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
21 February 2024
Insight
Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
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
21 February 2024
Insight
Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…

As an important pillar within the structure of the Bailiwick of Guernsey, the jurisdiction of Alderney has some unique characteristics concerning property and the treatment of it. We at Ferbrache & Farrell are very well versed with the particular laws and procedures that apply to Alderney registered land, and also with the Court of Alderney applications that are needed.

In this particular case, we were approached by a married couple; the husband was a UK citizen, and his wife was a passport holder from a country that is not an EU Member State.  The couple sought to buy a residential property in Alderney.  For ease of reference, let us call them ‘Mr and Mrs X’. Whilst Mr X (as a UK citizen) could purchase property there in his own name, his wife could not.

Although UK immigration law transposes into Bailiwick law by an Order in Council (and with local modifications), each jurisdiction within the Bailiwick may have its own arrangements determining how property may be owned.

In Alderney, the governing law dates to 1906 and is called the Loi Relative à l’Acquisition de Propriété Immobilière en cette Île par des Étrangers ou par des Sociétés Étrangères 1906 (as amended).

The peculiarities of that piece of legislation apply to Mr and Mrs X and we were instructed to help.  It was a pleasure to be able to assist as applications under the 1906 regime are fairly rare.

In the first instance, we collated various pieces of evidence about the circumstances of Mrs X, supported by an affidavit. 

We then presented a formal written Petition to the Queen’s local representative, namely His Excellency The Lieutenant Governor of the Bailiwick of Guernsey Vice Admiral Sir Ian Corder KBE CB. 

Our Petition set out various grounds why Mrs X should be granted permission to purchase property in Alderney.

Having achieved success at the first hurdle with our Petition being approved, we then made an oral application before the full Alderney Court.  That application referred to the position taken by His Excellency and that various criteria had been met under the 1906 Law.

Happily, the application was granted enabling Mr and Mrs X to purchase their new home.

In an excellent example of cross-jurisdictional assistance (and which was greatly appreciated), the Royal Court of Guernsey kindly accommodated a video link to Court of Alderney, a neat modern treatment of a very old piece of legislation.

For any Alderney queries, please do not hesitate to contact us, we would be delighted to help.