Advising on property ownership structures unique to Jersey law

Understanding the type of ownership you hold, or are about to acquire, is essential in any property transaction. In Jersey, two common forms of residential property ownership are freehold and flying freehold. While both offer outright ownership, the way the law treats them, particularly in relation to shared areas, rights, and obligations, is different and it is important to understand these distinctions before buying, selling, or making changes to your home.

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Our Expertise

At BCR, we advise homeowners, buyers, sellers, developers, and lenders on all legal aspects of freehold and flying freehold properties in Jersey. Our team has extensive experience navigating the nuances of Jersey’s property law and ensuring that rights, obligations and risks are clearly understood and properly documented.

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Our Approach

At BCR, our team provides advice that is robust and reassuring. In Jersey, freehold ownership refers to full and absolute ownership of a piece of immovable property, usually land and any buildings upon it. If you own a freehold house, you:

• Own the land and the property outright.
• Are responsible for its maintenance and repair.
• Control who enters or uses the property.
• May dispose of it (sell, lease, gift) as you wish.
• Are liable for any encumbrances, covenants, or legal restrictions recorded on the title.

Freehold is the most straightforward form of property ownership in Jersey and is common in standalone residential houses.

We provide comprehensive support for the following: -

Structural and Repair Obligations

Where multiple units rely on shared structural supports (walls, roof, foundations), there must be:

• Clear understanding of who is responsible for what.
• Fair cost-sharing mechanisms.
• Access rights for maintenance or emergency works.
• Limitations on the ability to carry out structural and other alterations.

When reviewing title we ensure these responsibilities are properly established in title and that such responsibilities are capable of being enforceable in order to protect our clients’ interest and the property’s value.

Access and Service Rights

Flying freehold properties often share:

• Entrances or staircases.
• Utility connections (e.g. drains, water, electricity).
• Common pipes or cabling.

If these rights are not legally documented, problems can arise with access, repairs, or service interruption. We review and formalise these rights where needed.

Buying or Selling a Flying Freehold Property

We regularly advise buyers and sellers of flying freehold properties, including:

• Reviewing Public Registry title.
• Advising on any missing or defective rights.
• Drafting or negotiating Declarations of Co-Ownership.
• Liaising with the other owner(s) to regularise arrangements.
• Advising on insurance responsibilities and lender requirements.

Lender Requirements and Saleability

Mortgage lenders often require certain conditions to be met before they will lend on a flying freehold property. These may include:

• Adequate access and service rights.
• Insurance arrangements that meet lender standards.
• Agreements on repair contributions and dispute resolution mechanisms.

We assist buyers in satisfying these conditions to avoid transaction delays.

Resolving Disputes Between Flying Freeholders

When co-owners fall out, it can be difficult to resolve issues over:

• Access for repairs.
• Payment for shared services.
• Interference with quiet enjoyment.
• Use of communal areas.

We provide dispute resolution services to help clients assert their rights or find amicable resolutions. Where necessary, we act in the Royal Court to enforce agreements or clarify legal obligations.

Our Dispute Resolution team works in tandem with our property lawyers to provide fast, effective support in contentious situations.

Developing or Converting to Flying Freehold

We advise developers, architects, and property owners considering flying freehold structures on:

• Structuring title correctly at the outset.
• Preparing suitable Declarations of Co-Ownership tailored to the specific development.
• Avoiding long-term management pitfalls.

Getting the legal structure right at the beginning makes the property more marketable and protects future owners.

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Our Values in Action

Excellence: Legal drafting and title analysis that meet the highest standards.

‍Delivery: Transactions completed efficiently, and requirements met without delay.

‍Respect: For neighbour relationships and the lived reality of co-ownership.

‍Elegance: Resolving complexity with simplicity, tact, and clarity.

Why BCR Law

At BCR, we provide clear, practical advice on Jersey’s unique freehold and flying freehold structures, ensuring your rights and obligations are properly protected.
Whether buying, selling, or resolving disputes, our experienced team simplifies complexity and safeguards your property interests every step of the way.

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