A problem hanging over you?
One of the things which may seem bizarre about the Jersey conveyancing process is the apparent obsession with boundaries.
Conveyancers acting in property purchases go on site to make sure that no part of any building or other construction encroaches on any neighbour’s land. Encroachment covers not only building on a neighbour’s land but also building on the 16 ½ inch offset of a boundary structure or having a window or other opening less than 2 feet 9 inches from the boundary. Arguments about actual or alleged encroachments are one of the main things that can hold up completions.
So what, you may ask, if the roof overhangs the next door property by a couple of inches or one of the windows in the nice new extension is only 2 feet from the boundary; surely this couldn’t put you at risk? The problem, though, is the traditional approach of Jersey law to encroachments, which has been that the party whose property has been encroached on is entitled to a court order requiring removal of the offending items. For technical reasons of Jersey property law the courts have up to now found themselves unable to award damages as an alternative to removal of the encroachment…
If you are registered and logged in to the site, click on the link below to read the rest of the Appleby briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Appleby
News from The Lawyer
Briefings from Appleby
Bermuda’s legal framework facilitates the creation of flexible and economically viable co-investment vehicles within a stable and business-friendly jurisdiction.
Feltham v Bouskell provides a cautionary tale for lawyers regarding the need to act quickly upon the receipt of instructions from elderly or ill clients.
Analysis from The Lawyer
Offshore law firms have long supplemented their legal offerings with fiduciary business, but will that model last?
Business is booming in the Isle of Man, a small jurisdiction that thinks big