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Planning & property disputes

Viberts has expertise in all aspects of property and planning litigation

Whether you own or occupy domestic or commercial premises our expert property litigation team could help you resolve your dispute. We understand that property disputes can be unsettling and highly complicated. We will aim to find the most cost effective and satisfactory solution to your particular issue in the shortest possible time. If you are struggling to deal with a property dispute you can rely on us to untangle the evidence, advise clearly on the law and offer you the strategic guidance you need with professionalism, sensitivity and care.

We ‘problem solve’, working closely with our specialists in other areas, including Viberts’ conveyancing team, which is highly skilled in reconciling the property contracts filed in the Public Registry with Jersey’s land law. This is where the solution to many property disputes can be found.

Our litigation team has years of experience advising on and appearing in court to argue a wide range of issues effecting all types of property, be it land, residential or commercial, and all types of tenure, be it freehold, flying freehold, leasehold or by share transfer.

We advise on and deal with all the disputes that can arise for an owner/occupier of a property including:

  • Acquiring and defining title, for example boundaries, servitudes, covenants and neighbours;
  • Multi occupancy buildings, for example articles of association and declarations of co-ownership;
  • Development of land and its financing;
  • Construction works involving building professionals and contractors; and
  • Dealing with the planning and building control authorities.

We also assist with issues than can arise over leasehold land, both for landlords and for tenants.

Recent changes to Jersey’s Planning Law have made the appeals system more accessible to those aggrieved by planning decisions, whether as applicants or as the owners of neighbouring land. To gain a full understanding of such issues, it is necessary to understand the Law in the context of the Island Plan and the numerous items of secondary legislation derived from it. Our team is able to advise you on these and to represent you at all stages of the appeals process; from deciding whether you are eligible to bring an appeal to representing you at a judicial review hearing before the Royal Court.

Some of our recent cases include:

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