This Law provides for the control on the transfer of rights in agricultural land in Jersey. Sale, transfer or lease of agricultural land requires approval of the Minister for Planning and Environment. The Minister may refuse consent to any transaction or may grant consent either unconditionally or subject to such conditions as the Minister thinks fit.
This Law provides rules applicable to the acquisition of land by the States through compulsory purchase on behalf of the public as authorized by Special Law, i.e. a Law confirmed by Order of Her Majesty in Council. The power under Special Law may include the right to acquire or extinguish a servitude or other right over land. Land may only be acquired on the basis of a plan approved by the States. There shall be a Board of Arbitrators for purposes of this Law, which shall determine questions as to compensation for land compulsorily acquired.
This Law grants power to local authorities to authorize the occupation of a “chose publique”, i.e. any area of land over which the public has, under the customary law of Jersey, the right to pass without let or hindrance, whether on foot or with animals or vehicles, including any highway, but excluding any park or sea beach. This right of occupation restricts the public right of access to the area of land in question.
This Law abolishes any rule of customary law affirming that a contract passed before the Royal Court for the transfer of immovable property may be annulled, at the instance of the heirs or devisees, as the case may be, of the transferor, if he or she dies within 40 days of the passing of the contract.
This Law enables the National Trust for Jersey to enter into agreements with persons willing to accept restrictions on the development or use of land in which they hold rights. The Trust shall have power to enforce such agreement or covenant against entitled persons with respect to adjacent land.
This Law provides for the protection of the quality of agricultural land, i.e. land used for horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock, and grazing land, meadow land, market gardens and nursery grounds.
This Law requires a licence to be obtained for a new undertaking or a new development. “Development” has the same meaning as in the Island Planning (Jersey) Law 1964. An application for a licence shall be in the form required from time to time by the Minister and shall contain or be accompanied by such particulars as the Minister may require. The Minister may attach conditions to a licence. Appeal against decisions of the Minister may be had with the Royal Court.
This Law provides rules relative to the administration of the estate of a deceased person. It, among other things: defines the jurisdiction of the Royal Court in relation to probates and administrations; makes provision with respect to the procedure of grant of probate and administration; and provides for the recovery and distribution of an estate.
Implemented by: Probate (General Provisions) (Jersey) Regulations 1998. (2004-08-31)
Implemented by: Probate (General) Rules 1998. (2004-08-31)
This Law empowers the Royal Court to make an order for possession of an immovable where the Royal Court: (a) is exercising its jurisdiction in proceedings for the cancellation (résolution) of a contract of lease of an immovable; and (b) orders the cancellation of that lease. This power may be exercised to grant: (a) immediate possession of the immovable; or (b) possession at a later date of the immovable, in accordance with article 3(3) and (3A) of the Loi concernant l’expulsion des locataires réfractaires as if the provisions of that Law applied to the Royal Court.
This Law provides rules for the recognition and operation of trusts. A trust exists where a person holds or has vested in the person or is deemed to hold or have vested in the person property (of which the person is not the owner in the person’s own right): (a) for the benefit of any person (known as a beneficiary) whether or not yet ascertained or in existence; (b) for any purpose which is not for the benefit only of the trustee. The Law defines rights and obligations of trustees and defines liability for the breach of trust by a trustee.
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