Plus ca change! Mais ce n’est pas la mem chose! New Conveyaning Laws Take Effect on 1st November 2006

A major revolution in conveyancing law and practice will take effect on 1st November this year [2006], when all freehold property contracts passed through the Royal Court will have to be in the English language rather than French. Eric Salaün of Crill Canavan’s Private Client and Property Department gives his views on whether ‘All Souls’ Day will be renamed ‘Lost Souls’ Day as a result of these changes.

Anybody who has attended the Royal Court on a Friday afternoon to participate in a property transaction will have witnessed the centuries-old tradition of the proceedings being conducted in French. On 1st November 2006, Rule 20/9 (2) of the Royal Court Rules 2004 will come into effect, meaning that thereafter, all freehold property contracts must be in English.

The change should not have a noticeable impact on clients (ie the buyers and sellers). Instead, according to Eric, it will mean a significant period of adjustment for property lawyers as they become familiar with the changes.

In the early stages, the changes are likely to add an administrative burden on the lawyers. At present, on any property transaction, we research the title over the past 40 years to ensure there are no defects and that the person who is buying is acquiring a sound title. The changes mean that we are going to have to translate deeds (which are currently in French) to English. As a result, firms are going to have to recruit and train additional staff to carry out the necessary translations – but without the ability to pass on the cost to clients.

What concerns Eric about the changes is the possibility that it could create additional delays in the process – his experience is that there is a great deal more pressure now to push transactions through within 3-4 weeks, as opposed to the generally accepted 4-6 week period. Adding an additional level of activity is bound to put more pressure on what are already tight deadlines.

The changes also pose some potentially interest linguistic issues. Eric’s family is French by origin, although he is Jersey born and has lived in the Island for most of his life. Eric says " I am fluent in French, but I am not confident that all translations will be accurate. There is bound to be a ‘bedding-in’ period while the profession gets used to the changes.

The Bailiff’s office has produced helpful guidelines which include draft standard formats for contracts. Although not yet in force formally, it has been permissible for English contracts to be used since June 1st. Eric is currently working on one new development where English contracts will have been used for the first time, before the official start date. The secretaries in our property department view the process with a little trepidation – saying that in their view the changes will create some delay in the early stages. Having said that, no doubt in 12 months time we will all look back and wonder why these changes weren’t made years ago!

In the meantime, if your conveyancer appears a little stressed – they might need a little tlc while they change the habits of a lifetime!

THIS ARTICLE IS FOR INFORMATION PURPOSES ONLY AND NOT BY WAY OF LEGAL ADVICE. PROFESSIONAL LEGAL ADVICE SHOULD BE SOUGHT BEFORE ANY ACTION IS TAKEN.