Royal Court of Jersey

RC 20/02

Registration of hereditary contracts in the

Public Registry

With effect from the date of this Practice Direction, contracts of sale, gift, transfer, partage, lease, licence of Immovable property apart from:

(i)                contracts of transfer of immovable property by reason of an order made by the Court under Article 28 of the Matrimonial Causes (Jersey) Law 1949 or Article 48 of the Civil Partnership (Jersey) Law 2012;

(ii)              contracts of transfer of the matrimonial home or civil partnership home;

(iii)            contracts of transfer of immovable property originally purchased under Article 1(1)(j) of the Housing (General Provisions) (Jersey) Regulations 1970; and

(iv)            contracts agreed by the Judicial Greffier under Article 6 of the Stamp Duties and Fees (Jersey) Law 1998, registered in the Public Registry

must contain the ‘prix d’argent’ (price paid) pursuant to the Code of 1771 or cash equivalent or estimated value as appropriate to the nature of the contract.

If the price paid or cash equivalent stated in such a contract is less than the gross value as defined in Article 1 of the Stamp Duties and Fees (Jersey) Law 1998, where gross value is the basis upon which the Judicial Greffier is required to calculate the stamp duty payable, then the purchaser must file with the Public Registry evidence of the gross value at the same time as filing a contract for approval by the Royal Court.

This Practice Direction will come into effect with immediate effect.