guernsey jargon

Are you confused by some of the words and phrases you come across when buying, selling or renting property?

Livingroom lead the way in providing a comprehensive “Jargon buster” to hopefully answer any questions you may have. Due to the French history of Guernsey life we have included many words and associated phrases you may of heard but would like to know more about. Click below.

A

Aboutissant
At the end of, abutting.

Abreuveur
Cattle trough.

Acquéreur
Purchaser.

Acquêt
Real property acquired before marriage other than by inheritance.

Acre
A measure of area. Note that the English and old Guernsey measures are different, but paradoxically that the English acre of 4,840 square yards is the most commonly referred to in Guernsey. An old Guernsey acre is 4 vergees. Often an acre of land is compared to a football field. In reality, an acre is equal to about 76% of a football field, when you consider both end zones. A football field (including the two end zones) is 360 feet long and 160 feet wide for a total of 57,600 square feet. When you take away the two 30-foot-long end zones at each end, the field is 48,000 square feet, making an acre about 91% of the field. An acre, which is a common measurement of land area, is equal to 43,560 square feet.The measurement acre is now defunct under weights and measures legislation to abolish the imperial system.

Additional security fee
An up-front, one off fee paid to the lender by the borrower to protect them against the borrower defaulting on the loan. Historically they have only infrequently been used in Guernsey by some finance providers offering top-up loans, but thankfully they are now rare. Also known as a Mortgage Indemnity Guarantee.

Adossée
Attach.

Advocate
Legal expert handling all documentation for the sale or purchase of a property.

Aite or Aittes
Boundary.

Allées du trésor
Property belonging to, or with rentes due on it, to the Church tresor. Part of the Church funds.

Aller et venire
A servitude which is exercised as a right of way to come and go from a property across the property of another.

Alleur
Glebe land (land belonging to a parish Church ).

Amarreurs
Moorings.

Amont
Above. The eastern side.

Amortissement
Document used to redeem a rente, completed in the Royal Court and registered at the Greffe. Nowadays, a rente is usually redeemed by way of a receipt unless it is of such a value that it is prudent to go to Court.

Ancient Monuments
Certain properties are considered to be ancient monuments because of their historical, traditional, archaeological, architectural or other special interest. If deemed so by the Ancient Monument Committee, a property can be registered. A registered property may not be demolished, effaced, altered, or added to in any way without the permission of the Committee. A breach of a decision or direction of the committee may result in a summary conviction and a fine, and an order to rectify the situation.

Angle
Corner field or site.

Annual percentage rate
(APR) the total cost of a loan, including all costs, interest charges and arrangement fees shown as a percentage rate and easily comparable with mortgage interest rates.

Architectural Periods
Medieval Dark Ages to Reformation 600 – 1500 
Renaissance 1501 – 1625 
Industrial Era 1801 – present day 
Norman or Romanesque 12th century 1066 – 1200 
Early English (Gothic) 13th century 1201 – 1300 
Decorated 14th century Perpendicular (End of Gothic) 15th century Tudor early 16th century 1485 – 1560 
English Renaissance 16th – 19th century 
Elizabethan / Jacobean 16th / early 17th century 1560 – 1620 
Classical late 17th century 
Baroque / Queen Anne early 18th century 
Georgian late 18th century 
Regency early 19th century 
Victoria 1837 – 1901 
Arts & Crafts 1870 - 1900 
Edwardian 1901 – 1910 
Art Deco 1900 - 1930 
Modern 1960 – present day

Arrangement fees
Charged to arrange a loan on certain products. Usually applied to loans where a special interest rate applies e.g. fixed or capped rates.

Arrêt
A French word meaning literally “arrest”. There are various forms of arrêt in Guernsey procedural law, ranging from an arrest of wages as a means of satisfying a money judgment to seizure of goods by the sheriff.

Assignment
The transfer of ownership of an insurance policy or lease.

Auction
The sale of a property to the highest bidder.

Auvrais
Trough.

Aval
Expressed d'aval, it means that the thing referred to is "lower".

Avaleur
Steep slope.

Aye du Roi
Strip of land belonging to the Crown. On Fief Beuval in St Pierre du Bois.

B

Bail
Lease.

Bailiff
The senior Judge in the Island of Guernsey , presiding officer of the States of Guernsey and “first citizen” of the Bailiwick. The expression has its origins in Latin and French and refers literally to someone who is given the care of something. The office dates back to at least Norman times.

Baillieur
Lessor.

Baissière or Baisseurs
Lowland, bog.

Bank of England Base Rate
Can go up or down from time to time and is announced by the Bank of England Monetary Policy Committee. Also known as the Bank of England Repo Rate.

Banques
Seashore.

Banquet
Small beach.

Barra(t)
Ditch.

Barras
Sluice, barrier.

Barsier
Inner field.

Bas
Below, lower, flat.

Basic variable mortgage rate
Mortgage lender's standard rate of interest which may be increased or decreased periodically by the lender depending on prevailing economic conditions.

Bâtiment
Building.

Bâtir
To build.

Becquet
Point.

Bectendu
Jagged.

Béguin
Beacon.

Belle
Courtyard or farmyard.

Beuval
Farmstead in the valley.

Bien Entendu
It being well understood.

Bigard
Small stone-walled enclosure or pen.

Bisson
Bush.

Bissonerie
Bramble thicket.

Boe or Boue
Point or headland. Spur of land.

Boisseau
Bushel.

Bon père de famille
The equivalent of the English mortgage. A way of securing monies against the real property owned by the borrower. There are some subtle differences between a bond and a mortgage, but essentially they perform the same function.

Bond
This is a standard of care of a level that a person under such a duty must act prudently to the extent that as if the property over which the duty is owed was his own.

Bordage
Sub-division of fief.

Bordeaux
At the water's edge.

Bornements
A permit to erect a building (defined in the 1989 Law as just about any building development) within 9 metres of a public road, granted by the Constables and Douzaine of a relevant parish or alternatively by the States Board of Administration where the property borders any of the spaces, quays or roadways adjacent to or forming part of the harbours of St Peter Port and St Sampson, being owned and controlled as harbour territory by the Board of Administration. A permit is also needed to erect any building which would prevent a driver of a vehicle from seeing any other vehicle proceeding along a street at a distance of 150 feet.

Bosq
Forest land.

Bôt
Bay.

Bouët
Copse or thicket.

Bouillons or Boulains
Springs.

Boundaries
All properties in Guernsey are bounded on every side. Boundaries are recited in the property’s title deeds, but because there is no land registry in the island acting a as central database for such information, titles can be conflict. When you buy your Advocate should advise you in detail on this issue.

Bourg
Hamlet.

Bout (de)
Extending (from).

Branchage
Branches.

Braye
Mud flats.

Brecque
Breach, gap.

Bridging loan
A temporary loan providing financial cover which allows a purchaser to complete on the purchase of a new property before selling their previous property.

Brousailles
Undergrowth, brushwood, scrub.

Building Insurance
Protection against the cost of rebuilding a property following structural damage, for example by flood, fire or storm. Lenders often offer their own policies, but it may be cheaper to buy elsewhere. Lenders will insist on seeing a copy of the policy before allowing you to draw down any borrowed funds.

Building Survey
A technical report following an inspection of the property. It will give you a comprehensive account of the condition of the property, describing any structural or other defects.

Bushel
Measure of wheat rente, four of which make a quarter. There are six denerels in a bushel.

Buttes
Archery range.

Buttière
End strip(s) probably horizontally across the top and bottom ends of open fields.

Buy-to-let mortgage
A type of mortgage specifically designed for people buying a property with the intention of letting it out. The interest rate will be higher to reflect the commercial nature of the investment.

C

Câche
Track, house at the end of the cart-track.

Cadastre
The Island's equivalent of a rating registry, from the French word meaning registry.

Cambrées
The fields down the hillside.

Cambrette
Small enclosure.

Campros
The enclosure of reeds or rushes.

Camps
Arable land divided into strip holdings.

Canton
Administrative district in a parish, usually four in number.

Capelle
Chapel.

Capital
The amount of the loan on which interest is calculated.

Capped Rate
A capped rate mortgage is a mixture between a fixed rate and a variable rate. The interest rate is guaranteed not to rise above a set level within the capped rate period but if the normal variable mortgage rate is below the capped rate then the variable rate is charged.

Carrefour
Crossroads.

Carrière
Quarry or stony path.

Castel or Câtel
Castle, defensive post, tower or earthwork.

Cauchée
Embankment.

Cauchie
Jetty, causeway.

Caunaf
Point of land.

Causes ayant
Successors in title.

Cavaleux
Steep hillside or cliff.

Chain
The situation that occurs when a buyer is reliant upon completion of the sale of his existing property, in order to complete on the purchase of his new property.

Champart
A traditional Guernsey term used to describe a tax on corn or flax.

Charged covenants
A covenant enforceable by the owner of a fonds dominant against the owner of the fonds servant as if they were both parties to it. There is a power to serve a signification specifying any breach and measures to be taken within a time limit, but there is also recourse available to the Ordinary Court for an entry order to assess the situation or to enforce a signification.

Charrette
Cart.

Charrue
Plough.

Charruée
Ploughed land.

Chasse
Driveway.

Chemin
Pathway.

Chemin de voisiné
A way which is owned in common by two or more landowners. As such, it must lead from a public road to private property, and it must have been established for the convenience of the owners of several neighbouring properties.

Chemin Public
Public way.

Cheminée
Chimney.

Chêne
Oak.

Cimetière
Graveyard.

Civils
Fruits civils are, for instance, interest on money lent and rents and premiums for leases.

Clameur de Haro
The Clameur de Haro is an ancient self-help remedy or injunction. Clameur literally indicates a great noise, like the English word “clamour”. If a wrong is being done by one person to another’s real property (for instance by trespass (e.g. knocking down a wall) or nuisance (e.g. causing noxious fumes to spread into a neighbouring property)) then the person being wronged may drop to his knees in the presence of two witnesses and say the following: “Haro! Haro! Haro! À l’aide mon Prince, on me fait tort.” Which means literally “Haro! Haro! Haro! Help me my Prince, I am being wronged.” The Lord’s prayer is then recited in French. The appeal is thought to be to the first Norman Duke, Rollon, also known as Rollo, Rolf or Hrolfr. The person against whom the Clameur is raised must stop immediately the action complained of or face proceedings for contempt of court. These days one would only use the Clameur where time did not permit any other more certain remedy and you were very confident of the circumstances. Seek the advice of an Advocate.

Clercs
Priory houses.

Clos or Clôture
Cleared and enclosed land.

Cognon
Corner.

Coin
Corner.

Collette
Little summit.

Colombier
Dove cot.

Completion
The point at which all transactions concerning the property’s sale are concluded and legal transfer of ownership passes to the buyer. The completion date is fixed by both parties generally at the time of signing the Conditions of Sale. Conditions of Sale follow a template provided by the Guernsey Bar Council and are initially prepared by Livingroom Limited. All the initial terms agreed between the parties, including the purchase price and the completion date, are incorporated within. Once signed by all parties the information cannot be changed without acceptance from all parties. The most important aspect is the completion date because the penalty for not attending Court and completing the Conveyance on this date is the payment by the defaulting party of 10% of the purchase price to the other.

Compte or Conte
Name of fief.

Conditions of sale
Once agreement as to price has been reached between a vendor and purchaser, the estate agent will prepare the draft contract (known as conditions of sale) and submit copies to the parties' respective Advocates. If no estate agent is concerned the vendor will request his Advocate to prepare conditions of sale.

Congé
The receipt for payment of Treizième.

Conquêt
Real property acquired after marriage other than by inheritance.

Consentement
Consent.

Construite
Built.

Contents insurance
Insurance to cover any loss or damage to your possessions within the property.

Contract race
When two parties have made an offer on the same house. The vendor will sell to the first party to sign the conditions of sale unconditionally and deposit a full 10% of the property price, ie: it's a race!.

Contrat
Contract.

Contrée
District, neighbourhood.

Conveyance by way of a gift
A conveyance which caters for gifts of real property inter vivos. Document duty for a conveyance by way of a gift is charged at 1½% of the value of the realty, and therefore the fact that there is no value to the transaction is irrelevant.

Conveyance by way of exchange
A conveyance which occurs when one person wishes to swap some land with his neighbour, the price of each piece of land either offsetting the other or alternatively with some consideration for the difference in value of the pieces of land. The most usual circumstances for this to arise are either to straighten a boundary or to regularise a legal boundary in relation to physical boundary features.

Conveyance Clerk
An individual working within a local Advocate’s office who assists with the legal aspects of buying or selling a property.

Conveyancing
Traditional term for the legal work involved in the purchase and sale of a property. Neither the vendor nor the purchaser sign the conveyance in Court. They merely consent to the transfer of the land concerned and indicate their consent in front of a Jurat. It is a Jurat who records the giving of that consent by signing the conveyance.

Corvée
Stony field, used for making roads.

Cotils
Hillsides, rising ground, uplands.

Cotte
Croft.

Coudré
Copse or small wood.

Coupe
Promontary.

Coupée
Summit , escarpment, bridge, precipice.

Cour
Court.

Court
There are various Courts in the Bailiwick. There is the Court of the Sénéschal in Sark, the Court of Alderney in Alderney and the Magistrate’s Court and Royal Court in Guernsey.The Conveyancing court is a special sitting of the Royal Court on Tuesday and Thursday mornings. In Guernsey the Magistrate also performs the function of coroner.

Courtil
Field.

Courtillet
Small field.

Couture
Reclaimed land brought into cultivation and enclosed.

Couverture
Roofing.

Covenant
Primarily an English term used to denote a formal agreement of rights attaching to a property. More commonly used in Guernsey is the term servitude, but also note charged covenants.

Creux
Cave.

Crolier
Curved track.

Croute
Enclosure for cattle.

Crôute
Dry, hard ground.

Crouture
Boundary feature, normally comprising a fossé built on a stone foundation, sometimes with stones in the fossé as binding material.

D

Dame
Mrs.

Date
All contracts for the conveyance of property were either registered date or lire. Contracts registered date were to carry a prescription period for retrait lignager of 20 years, and therefore were usually avoided unless there was some certainty that retrait lignager would not be initiated. It was cheaper in disbursements to register date.

De cujus
A deceased person with an estate to devolve.

Décès
Death.

Deeds
Legal title documents proving ownership. The deeds should be held by the home owner. Unlike the , possession of the deeds means nothing as copies can be replicated from Greffe records. However, it is always nice to have a history of the property at hand, and having the deeds will smooth the sale procedure because obtaining copies is a labour intensive task.

Délaissance
A type of conveyance whereby one co-owner purchases the shares owned in the property by another co-owner or other co-owners, with the usual result that one co-owner becomes the owner of the entire property.

Denerel
Measure of wheat rente, six of which make a bushel. There are five quints in a denerel.

Deposit
A agreeable sum of money to the vendor (usually 10%) paid by the buyer when conditions of sale are signed in order to make them binding.

Désastre:
When a person becomes insolvent (i.e. unable to pay his or her debts) he may be declared to be en désastre; with the consequence that the individual’s moveable assets (i.e. apart from realty and the further concession of the tools of his trade and various household necessaries) may be sold and the proceeds distributed rateably between creditors.

Dessous
Under, below.

Dessus
Over, above.

Destination de père de famille
This is a doctrine concerned with the creation of easements by implication of law, where property under common ownership is severed and becomes two tenements, either by alienation of one of them or by partage. When in common ownership the properties must have been used in such a way, or have been in such a physical state, that it could be said that one of the properties drew from the other a right or service which would have constituted a servitude if the fonds dominant had not at that time been in the same ownership as the fonds servant, and such a position must have continued to exist at the time of the division of the properties. After the division of the properties, the servitude claimed must be one which is “continue”, “apparente” and “permanente” (i.e.esgouts); it need not be a servitude of necessity. There must be no expression of intention which is expressly contrary to the implied continuance of the position existing at the time of division.

Detached
Term used to describe a property that stands alone and is separated from all others.

Development
A newly built residence or an older property which has been refurbished and modernised.

Devise or Devisse or Devize
Boundary of parish or fief.

Dicqs
Sank embankment, dunes.

Dilapidations
Any disrepair or damage to a rented property. Most commonly, a landlord may serve a Schedule of Dilapidations on a tenant, obliging that tenant to carry out certain works in accordance with their obligations under a lease.

Discharge
Paying off a mortgage.

Divette
To flow.

Document duty
A form of duty payable on prescribed documents, payable to HM Greffier for the account of the States. Examples for such documents are: for a prise à rente at a rate of 1½%, and for a partage or délaissance between co-owners or a will or realty a flat rate of £5. Document duty becomes payable upon the registration of the conveyance.

Douaire
(abolished by Inheritance Law, 1954) The right of a widow to enjoy one-third of her late husband’s realty during her life. Re-marriage was not a bar to such a right.

Douit
Watercourse.

Douvre
Bank, earthwork.

Draft Conditions of Sale
Preliminary, unconfirmed version of the contract.

Droit d'acces
Right of access.

Droit d'ainesse
(abolished by the Inheritance Law, 1954) Eldership on personal estate (also known as la septième) given to the eldest son in the succession to a personal estate. It consisted of one-seventh of the household furniture (meubles meublants) after the widow’s third had been taken by way of douaire.

Droit de conjoint
The légitime of the surviving spouse.

Droit de placer et de garder
Right to install and keep installed.

Droit d'habitation
In contrast to a usufruit, this right merely allows someone to inhabit the premises over which it is granted, its extent being limited by the agreement or title granting such right. Unless agreed otherwise, the right permits the grantee to occupy the premises with his family. A droit d'habitation cannot be sold or leased.

Droits
Rights.

Dwellings Profits Tax
A 100% tax on the profit made by a person upon the sale of a property, intended to prevent speculation on the housing market. There are exemptions to the tax, in particular where the purchaser has lived in the property for at least one year or owned the property for at least five years. Note that upon the sale of a property not earning exemption from the tax, there are reductions in the amount due to offset monies spent upon the property during ownership and inflation.

E

Early redemption charge (ERC)
Rainwater. A landowner upon whose property rainwater falls has the right to appropriate it. Rainwater which falls on one property and flows naturally on to another cannot be complained about by the receiver, but rainwater artificially discharged on to another property can be.

Eau courante
A charge made by the lender if the borrower terminates a mortgage in advance of the terms of the particular mortgage. Normally occurs when the borrower has benefited from reduced payments or cash back in the early period of a mortgage.

Eau de source
Stream water. The landowner with eau courante on his property has the same rights as if the water rose on his property, with the exception that he is not permitted to exhaust the water supply.

Eau pluviale
Spring water. A landowner who has water rising on his land has unfettered use of it. He may not, however, let the water leave his property by anything other than the natural course by re-direction.

Eclet
Pebbly, land full of stones.

Ecluse
Mill pond.

Emplacement
Site, place.

Enclavé
A property is enclavé when it is completely surrounded by other properties and as such needs servitudes to its benefit in order to have a right of way to leave and reach the property and to install and keep services.

Enclos
A self-contained or demarcated piece of land completely included within the limits of certain banks, streams, roads, ways or other natural or artificial boundaries and which is artificial, were not intended when made to be merely of a temporary nature; and not completely traversed, in any part of it, by any other such natural or artificial boundaries.

Endowment Mortgage
An interest only mortgage supported by an endowment policy. During the term of the mortgage only interest on the mortgage is paid to the lender. At the same time premiums are paid into an endowment policy which should mature at the end of the mortgage term.

Enlever
To remove, take away.

Enregîtrer
To register.

Entière
Whole.

Entre
Between.

Entretien
Upkeep.

Environ
Thereabouts. Usually used as “ou environ”, “or thereabouts”.

Equity
Thorns, briars.

Est
East.

Excess
The initial sum you have to pay on an insurance claim.

Extrémité
Edge.

F

Failed valuation survey
A rare occurrence but this is when the lender turns down your mortgage application after the surveyor’s valuation report indicates the property is not worth the sum sought.


Falaise
Hill, cliffland.


Fee farm land
Fee farm land is owned by the Crown in the island.  It is not sold by conveyance but instead is leased to a purchaser for a term of 61 years, renewable every 21 years.  The consideration for the renewal of a lease is usually a nominal sum.  No congé is payable on the purchase of an interest in fee farm land.

Femme
Woman, or more usually in conveyancing terminology, wife.  “Et femme” after a gentleman’s name means “and wife”.

Feugre or Feuguere
Brackenfield.

Fief
In a throwback to the island’s feudal past, the island remained divided into areas of land known as fiefs.  These have very little significance today, although see Fee farm land.

Fille
Daughter.

Fils
Son.

First Time Buyer
Lenders differ in their definition of a First Time Buyer. Some will include in this people who have owned a property before but have no property to sell. Other lenders will include joint borrowers where just one of them is a First Time Buyer. Some lenders only apply this to someone who has never owned a property before.

First time buyers grant
A grant by the States, who pay a percentage of the congé and document duty of a conveyance. There is a sliding scale based upon the value of the realty.

Fixed Rate
The lender will fix the interest rate that they charge at a set level for a fixed period of time. There are a range of fixed rate products available which vary in terms from very short periods (three to six months) up to the whole 25 year mortgage term. The lender will normally charge early redemption charges if the mortgage is repaid.  Fixing an interest rate may attract a charge by the Lender.

Fixtures & fittings
All non-structural items included in the purchase of a property as per inventory of inclusions on the final Conditions of Sale.

Flaguée
Flat land.

Flaguies
Lowlands.

Flexible mortgage
An arrangement whereby you can increase or decrease your mortgage repayments.

Fonds dominant
Dominant tenement, regarding the application of a servitude.

Fonds servant
Servient tenement, regarding the application of a servitude.

Fontenelle
Small fountain, well or little stream.

Fontenil
Swamps.

Fosse
Hollow, ditch, depression in the ground.

Fossé
A Guernsey bank, not to be confused with the literal mainstream French translation as a "ditch".

Four
Kiln.

Fowl
Rentes were measured mainly in wheat, but also in other things, for instance fowl.

Frais
Expense(s).

Franc veuvage
(abolished by Inheritance Law, 1954) The right of a widower to enjoy the whole of any property owned by his late wife until his death or re-marriage.  This right was only enforceable when there was a child born of the marriage.


Franc-fief
Freehold land.

Freehold
The most common Guernsey tenure.  A technical word for the ownership of the property, meaning that it belongs to the owner without limitation of time.

Frêne
Ash tree.

Frie
Ley, meadow.

Friquet
Small grass plot.

Frocq
Wasteland.

Froment
Wheat.

Fruits
These are the products borne by real property. There are three kinds: naturels, industriels and civils.

Full Building Survey (formerly full structural survey)
A full inspection of the property, conducted by a chartered surveyor, who then writes a detailed report including any property defects. Suitable for any house, particularly older properties and those which have been poorly maintained. Also for properties which have been extensively altered or extended, or any property you may wish to alter or extend. Note that it remains a surface inspection unless otherwise is decided in conjunction with the surveyor.

G

Gouffre
Cave, hollow.

Grange
Barn.

Gravées
Gravelly terrain.

Gravier
To gravel.

Green bed
A bed of straw used or seating in a kitchen.

Greffe
The Greffe is the Court office. The Greffe is also the Island’s registry for companies, births, deaths and marriages.  It also holds all conveyancing records and registered wills of realty.

Greffier
The senior clerk or registrar at the Greffe. HM Greffier is a Crown appointment.

Grenier
Attic.

Grés
Gravel pit.

Gron
Ridge.

Gross reparations
Those works of maintenance or repair that by their nature are considered to be very serious, for instance structural difficulties with a property, in contrast to réparations d'entretien.

Guarantor
The lender may sometimes require a borrower to appoint a guarantor. This is someone who promises to pay the borrower’s debt if the borrower defaults.

Guernsey (Locality)
Guernsey is situated 30 miles west of the Normandy coast in France and 75 miles south of Weymouth in England and lies in the Gulf of St Malo.

Guernsey (Parishes) Source A &F, Policy and Research unit
The island is divided into ten parishes, the largest of which is the Castel at 3.9 square miles (10.1 square kilometres).
 
Parish   Vergees   Acres   Square Miles   Square Kilometres      
 
Castel   6,224   2,490   3.9   10.1
Forest   2,508   1,003   1.6   4.2
St Andrew   2,752   1,101   1.7   4.4
St Martin   4,479   1,792   2.8   7.3
St Peter Port    4,074   1,630   2.5   6.5
St Pierre du Bois   3,818   1,527   2.4   6.2
St Sampson   3,687   1,475   2.3   6.0
St Saviour   3,892   1,557   2.4   6.2
Torteval   1,901   760   1.2   3.1
Vale   5,462   2,185   3.4    8.8
 
Total for Guernsey   38,797   15,520   24.2   62.8
Lihou Island   95   38   0.1   0.3

Total   38,892   15,558   24.3   63.1

Guernsey (Population)
59,807

Guernsey (Size)
The island is just over 24 square miles in area (63 square kilometres).

Guet
Lookout place.

H

Hague
Enclosed field.

Haise
Higher ground.

Haut
Upper, higher.

Haute futaile
Mature timber.
 

Hauteur
Height.

Hautgard
Rickyard.

Hêche
Field gate.

Hectare
Area of land totalling 10,000 square metres, or 2.471 acres.

Héritage
Estate.

Hoir
Heir.

Homebuyers survey and valuation (house/flat buyers report)
This is a survey report, which is not as detailed as a full building survey, carried out by a local chartered surveyor to assess the state of a property and its value.

Horizontal Conveyance
The 1987 Law on horizontal conveyancing sets out the position regarding conveyances of real property above and below any other real property and separately from it.  The Law also initiated the situation of charged covenants in this circumstance.  Analogous to English “flying freehold” sitauation.

Hougue
Knoll, mound.

Houmet or Hommet
Islet or peninsula.

Hure
Hollow below ridge

Hyvreuse
Ivy-covered place.

I

IFA
Independent Financial Advisor.

Individual savings account (ISA) mortgage
An interest only mortgage linked to an Individual Savings Account fund, which is designed to pay off the loan at the end of the period.

Industriels
Fruits industriels are obtained by the cultivation of land, such as crops.

Interest charges (mortgage)
The charges that banks make on a loan, calculated as a percentage of the amount borrowed.

Interest Only Mortgage
Interest only mortgages can be supported by an endowment policy, pension plan, etc. An interest only mortgage may, however, be arranged without the support of any particular repayment vehicle. Many lenders will now accept payment of interest only on the basis that the borrower makes their own arrangements to repay the capital at, or before, the end of the mortgage term. This could be done in a number of ways such as inheritance, sale of the property or from the realisation of other assets.

Inventory
A list which describes the contents of a property.  It may also describe their condition, although this is more common with a leased property in order that any dilapidation during the tenancy can be identified.

J

Jaonnière or Jaonnet
Furze break.

Jardin
Garden, usually at rear of property.  See parterre.

Jenequet
Heath land.

Jointure
A "droit de jointure" is a right to build against a wall which is not mitoyen but forms part of the neighbouring property.  It cancels out a relief.

Jouir
To enjoy, to have the enjoyment of.

Jouissance
Enjoyment.

Jucquer
Perch.

Jurat
There are 12 Jurats at any one time.  They sit with the Bailiff, Deputy Bailiff or Lieutenant Bailiff in both criminal and civil Royal Court cases.  They decide issues of fact whereas the Judge decides issues of law and court procedure.  Jurats also sit in the Contract Court where the completion of conveyances and other formal documents is witnessed by them.

Juré
Jurat.

K

 

L

Lande
Moor, common.

Largisse
There may be a grass strip separating a roadway and a fossé or other boundary feature.  This is a largisse.

Lease
A legal document by which the freehold (or leasehold) owner of a property lets the premises or a part of it to another party for a specified length of time, after the expiry of which ownership may revert to the freeholder or superior leaseholder.

Leasehold
Denotes that the ownership of the property is by way of a lease.

Légitime
That portion of the personal estate of a de cujus to which a surviving spouse or heirs, or both, are indefeasibly entitled by succession, notwithstanding any testamentary disposition to the contrary.

Lender’s arrangement fees
Charge passed on to the buyer by the lender for arranging a loan.  These may be higher where the interest rate has been fixed.

Lender’s legal fees
Lender’s legal fees

Licitation
An act by which co-heirs or other co-owners in undivided shares of a thing, put that thing to auction between them so that it shall be adjudged and belong in entirety to such of them as offers the best price and enters the last bid, on condition that he pays to each of the other co-owners a share of the price which each of the said co-owners had in the property auctioned, before the adjudication.

Lievre
Hare.

Lire
All contracts for the conveyance of property were either registered date or lire.  Contracts registered lire were to carry a prescription period for retrait lignager of 1 year, and therefore were usually preferred.  It was more expensive in disbursements to register lire.

Listed building
A building listed as being of special architectural or historic local interest, which cannot be demolished or altered without the consent of the relevant States authorities.

Livres
Note that this can mean modern livres sterling or old Guernsey currency.

Livres Sterling
Pounds.

Livres Tournois
Old currency, one livre tournois being equal to fourteen livres.

Loan to value (LTV)
The size of the mortgage as a percentage of the property’s value.

Local market
The local market is restricted so that under the Housing Law, 1994, such residences may only be occupied by those with residential qualifications, whether from birth rights, length of time in the island, familial ties, or the grant of a licence due to the essential nature of someone's work.

Lodging House
A property listed on Part D of the Open Market Register that is permitted for multi-occupancy With the general exception of its owner and his direct family, all persons who are not qualified residents require housing licences to occupy any dwelling on Part D of the Register.

Long or Longue
Long strip of land.

Longeur
Length.

Loriers
Bay leaves.

M

Maintenance charge (or service charge)
The cost of repairing and maintaining external or internal communal parts of a building charged to the tenant or owner.  These may be managed by the building owners r on larger developments by a dedicated management company.  It is usually paid by monthly direct debit.

Maisonette
A property arranged over more than one floor (ie: a portion of the house/building).

Maladrie
Burial ground.

Marais
Lowland, marsh.

Marequet
Salt swamp.

Mares
Marshes.

Mari
Husband.

Meubles et immeubles
Meubles are "movables" and relate to personalty; immeubles are "immovables" and relate to realty.  Movables are things which can move from one place to another either of its own accord or by its removal by a person, with certain exceptions under Guernsey law.  Immovables are land, the aforementioned exceptions from movables, and fixtures to a property which are so closely annexed to it that they form part of it, for instance service pipes.  Crops are deemed to be immovables until certain statutorily set out dates when they become movables.

Meubles meublants
Household furniture.

Mielle
Sandy heathland.

Mitoyen
A boundary structure is mitoyen if it is co-owned.

Mitoyeneté
Co-ownership of a wall or other boundary structure which separates two adjacent properties belonging to different owners.  The wall or other structure is owned in common and each owner has the right to use it for the purpose for which it was intended.

Mont
Height, hill.

Morceau de terre
Piece of land.

Mortgage
An amount of money advanced by a lender such as a bank or building society on the security of a property and repayable over a long period.

Mortgage indemnity guarantee (MIG) or Mortgage indemnity premium (MIP)
An insurance policy that mortgage lenders may require buyers to pay for if their loan is above a specified proportion of the purchase price.  Although this is an insurance policy that benefits the lender, it is the borrower who usually pays the premium.  Thankfully they are very rare in Guernsey.

Mortgage payment protection (MPP)
This is an insurance designed to pay your monthly mortgage for a limited period usually a year if you are unable to work through illness, disability or redundancy.

Mortgage rate
The standard variable interest rate quoted by all mortgage lenders which normally varies with the Bank of England base rate.  All discounted rates are based on this mortgage rate.

Mortgage term
The period of time over which (repayment mortgage) or at the end of which (endowment mortgage) the loan is to be repaid.

Mortgagee
The lender of a mortgage (ie: bank or building society).

Moulin
Mill.

Moye
Point of land.

Muraille
Muraille.

Muraille à pierres sèches
Dry stone wall.

N

Naturels
Fruits naturels are "produits spontanés de la terre" such as wood which it is usual to cut, though not timber, unless specifically empowered to do so by the donor of an usufruit.

Negative equity
When the value of the property falls to less than the outstanding mortgage.

Niveau
Level, i.e. level of the land.

Nocq
Sluice gate.

Nonobstant
Notwithstanding.

Nord
North.

Nouette
Swamp.

Nulle servitude sans titre
The right of a servitude cannot be acquired by possession or enjoyment without title, no matter the length of the said possession or enjoyment.  Note that this does not imply necessity for documentary title for the existence of a servitude.

O

Occupier
A person or company is not a tenant but an occupier when they occupy a property without lawful excuse, i.e. without a valid tenancy agreement.  The Court has held that in the case of a tenant whose tenancy has expired, they are still deemed to be a tenant, at least for the purpose of the eviction laws.

Offer
A sum of money that the buyer offers to pay for a property.

Offer of a loan or Facility letter
A formal document approving the mortgage you have requested and detailing the terms and conditions that will apply.

Open market
The open market for housing in Guernsey consists of a certain number of properties inscribed on a register.  Anyone can purchase a property inscribed on the register regardless of whether or not they have residential qualifications.  The register is divided into four sections, which apply to residences, hotels, lodging houses and nursing homes.

Ordinance:
The States of Guernsey makes legislation in the form of projets de loi (literally law projects) which go for Royal Assent and then become Laws.  The States of Guernsey can also make legislation in the form of an ordinance.  Ordinances do not need Royal Assent and can be made either pursuant to powers given to the States by a Law or else through the inherent power of the States to make legislation in certain, comparatively narrow areas.

Orme
Elm.

Ouest
West.

P

Palaires
Large and flat.

Pantons
Hamlet or houses in enclosed area.

Pareillement
In the same way.

Parishes
See Guernsey

Paroisse
Parish.

Part
Part. Usually arises in context “d’une part…d’autre part”, “on the one part…on the other part”.

Partage
The division of inherited real property between co-heirs.

Parterre
Front garden.

Partie
Party (to a contract), also part of something.

Patois
Guernsey's French roots are apparent in the many local place and street names, and in the surnames of many island families. It is also still possible to hear the local French patois spoken, although in common with many regional tongues in the west it is fast disappearing from local shores. Based on Norman French, patois is today spoken only by some of the island's oldest residents and a handful of enthusiasts, determined not to let it disappear.

Payment break
An option on flexible mortgages that allows you to stop making mortgage payments for up to 6 months.

Penalties
Costs that may be incurred if the borrower repays the loan too early or switches between lenders.

Pendue
Summit, top of rock.

Peppercorn ground rent
A nominal periodic rent usually paid annually.

Perch
Now defunct under weights and measures legislation, but remains commonly referred to. An area of 21ft x 21ft, totalling 441 square feet or 41 square metres.  There are normally 40 perch to a vergee, but certain fiefs on the island use a 36 perch to a vergee system.

Pesnage
A traditional Guernsey term where the seigneur would be paid to allow pigs to wander manor land.

Pezerie
Fish drying ground.

Picquet
Guard house.

Pied a terre
A property kept for temporary secondary or occasional occupation.

Pieds
Feet.

Pierre
Stone.

Pierre à Chaux
Limestone.

Pignon
Gable.

Planche or Planque
Fording place.

Pomare
Apple orchard.

Pommier
Apple tree.

Pompe
Pump

Pont
Bridge or dry crossing.

Porte
Gate, entrance.

Porte et Piliers
Gate and pillars.

Portion disponible
That portion of the personal estate disposable by will, as opposed to the légitime.

Portlet
Cove, haven.

Pouce
An inch.

Poulage
A traditional Guernsey term where two hens were required as payment to the seigneur for every inhabitated house

Poumare or Poumeraye
Apple orchard.

Pré or Prais
Fallow land.

Préciput
(abolished by the Inheritance Law, 1954) Eldership of part, or the whole, of an enclos which the eldest son of the de cujus was entitled to take as his own.  This was taken as a free preferential inheritance without granting or surrendering any equivalent to his co-heirs.  The area was determined by the douzaniers of the parish or parishes within which the enclos was situate.  It was restricted to one enclos.

Préel
Small meadow.

Prémisses
Premises.

Premium
The monthly amount payable for an insurance policy.

Premium lease
Lump sum paid up front as rental for a property.

Principal sum
The sum of the loan on which interest is calculated.

Prise à rente
A simple conveyance of real property between two or more parties for consideration is known as a contract prise à rente.

Privilèges
Privileges.

Prix
Price.

Proche
Near.

Procureur:
One of the two Law Officers, the other being HM Comptroller.  Her Majesty’s Procureur is the senior Law Officer.  The position is also known as HM Attorney General.  Appointment to the office is made by Her Majesty the Queen.

Propres
Inherited property. Propres maternal were inherited from the maternal line, and propres paternal from the paternal line.

Propriétaire
Owner.

Public liability insurance
Insurance which covers injury or death to anyone on or around your property.
Puit perdu
Literally translated as the "lost well", this relates to a foul water cesspit on a property.

Purchaser
A person who is buying a property.

Q

Quarter
Largest measure of wheat rente, comprised of four bushels.

Querière
Cart track.

Quesne
Oak.

Qui Prior est in Tempore Potior est in Jure
Maxim denoting that bonds rate in priority according to time.

Quint
Measure of wheat rente, five of which make a denerel.

R

Raie
Furrow, ploughed land.

Rangé
Row, line.

Realty
Realty is a term to describe what lawyers call land and everything attached to it, be that houses, buildings or flats. The transfer of realty from one owner to another is achieved by the Royal Court of Guernsey.

Redemption
When a mortgage is fully repaid.

Relief
An accessory or dependency of a ditch, wall or bank consisting of a certain breadth of land running along the land, path or property adjoining, established by custom or agreement.  A neighbour has no right to interfere with a relief, for example by building on it.  A feature can also be stated to be "sans relief", meaning that buildings can be erected right up to it.  A relief may be negatived by a "droit de jointure".

Re-mortgage
Refinancing a property by either switching a mortgage from one lender to another or by taking out a second mortgage to draw down any equity gained by a rise in value.

Rente hypothèques
An alternative method of providing security for a loan or mortgage is to create and assign a rente hypothèque.  In effect the borrower promises that he or his heirs will pay an annual fee, expressed in terms of wheat, quarters, bushels, denerels and quints, at a specified rate per quarter on 10th October each year.  The rente hypothèque is charged on the borrower's specified real property just as a rente, but in contrast to a rente is deemed to be personalty.

Rentes
An annual payment charged against real property in the same way as a bond but, whereas the bond is deemed to be personalty, a rente is deemed to be realty.  A rente may be redeemed by the payment of a sum of money equivalent, calculated from old Guernsey currency values, usually evidenced by way of a contract.

Réparations d entretien
Those repairs and maintenance of such a nature that they are necessary for the everyday upkeep of a property, in contrast to gross réparations.

Repayment mortgage
A mortgage repaid by way of monthly repayments of capital combined with interest.

Repossession
When the mortgage lender takes possession of your property due to non-payment of the mortgage.

Restant d enclos
The “remainder of the enclosure”, that opart of an enclos not included in the préciput.  The eldest son was entitled to take the restant d’enclos, but he was bound to grant or surrender to his co-heirs an equivalent in respect of it, at a valuation made by the douzaniers based upon the value of the terre nué.

Retention
Holding back part of a mortgage loan until repairs or specified works to the property are satisfactorily completed.

Retrait foncier
When a rente is sold, the owner of the land on which it is charged can redeem the rente in paying to the purchaser: the price, congé paid, one twenty-fourth of the price, the purchaser's costs and interest on the purchase price since the registration at a rate of 5%. This is known as retrait foncier.  The right lapses a year and a day from the registration.

Retrait lignager
A right of action in which an heir of a vendor of a piece of realty makes a claim to recover the land from the purchaser by virtue of his interest in the land as the potential heir who would have taken the land had the sale never taken place.  The right is now extinct one month after the date of the registration of the conveyance.

Riage
Area of pieces of land.

Rocquaine
Rocky coast.

Rocque
Rock, menhir.

Rocquer
Boulder.

Ronces
Brambles.

Rondiaux
Marsh.

Rongée
Row.

Rue
Road, stream, channel.

Ruisse
Brooklet, runnel.

S

Sablounière
Sand-pit.

Saisie
The means by which a judgment is executed against a person’s interest in land.  A three stage procedure is initiated leading to the seizure and forfeiture of the land by the debtor.  The first stage is to obtain a preliminary vesting order then an interim vesting order leading eventually to a final vesting order.  Considerable care is required.  By initiating saisie proceedings you give up the right to execute against personalty.

Saline
Salt marsh.

Sapin
Pine.

Sarnia
Guernsey was known as 'Sarnia' to the Romans.

Sauvage
Swamp or briar.

Sceau
Seal.

Sécharge
Drying area for vraic, usually on the coast.

Séche fontaine
Dried-up well.

Secondes noces
Second marriage.

Semi-detached
A property which is joined to one other house.

Septième
See droit d’ainesse.

Serre
Greenhouse.

Service charge
See Maintenance Charge.

Servitude
A right of servitude is a right (i) to make use of the property of another, or (ii) to prevent the owner of the property from making certain use of it.

Share Transfer
If a property is owned by a company, it may be possible to acquire the property by buying the shares in the company.  Such a transaction avoids document duty, which may be significant.  The main disadvantage of this course of action is that the purchaser acquires the company’s liabilities as well as its assets, and sometimes (for instance where the company has traded, and where the vendors are leaving Guernsey and therefore warranties will be more difficult to enforce) the risks may outweight the benefits.

Situé
Situated.

Sole agent
When a seller categorically chooses only one estate agent to sell their home.

Sols Tournois
Fraction of a livre tournois.

Soucique
Marigold or gold bird.

Sous terre
Underground.

Soussigné
Undersigned.

Stable.

 

States (of Deliberation).

 

Structural Survey
The most detailed type of survey report normally undertaken in connection with a House Purchase. If a Structural survey is opted for then the lender will also need to have a mortgage valuation carried out for their own use and the borrower will be responsible for both fees. An alternative is a Home Buyers Report that will cover both the borrower and the lender. Advice should be taken from a qualified surveyor who will be able to advise on individual properties and circumstances.

Studio Flat
A flat consisting of one main room or open-plan living area incorporating cooking and sleeping facilities and a separate bathroom/shower room.

Subject to Contract
Words to indicate that an agreement is not yet legally binding.

Sub-tenancy
If a tenant lets a property a sub-tenancy is created in favour of a "sub-tenant".

Succession Law
The law relating to inheritance.  There are three separate systems of succession law in the Bailiwick, namely Guernsey, Alderney and Sark succession law, although they have much in common.  The essential point to note is the restriction under Bailiwick law as to whom you may leave your personalty or realty.  Typically, upon intestacy (i.e. where there is no valid will) a surviving spouse will be entitled to an absolute interest in a share of the personalty and a lifetime interest in a proportion of the realty.  Likewise children will be entitled to a share of the personalty and all of the realty (subject to the widow’s life interest).  A person who has a wife and children cannot avoid certain minimum obligations towards them in any event.  Those obligations take different forms as between the islands.  This is a very complicated area where advice really should be taken.

Sud
South.

Summons
A document served by the Sergeant requiring a person to attend court on a certain date and at a certain time to answer whatever proceedings the summons relates to; typically a Cause or a summons to produce defences.

Surhausser
To raise.

Surveyor
Professionally-qualified expert who carries out the survey.

Sus
In addition, over and above.

T

Tenancy
A contract by which an owner of property, a "landlord" or "lessor", lets exclusive possession of that property to a "tenant" or "lessee".

Tenancy agreement
A legal agreement designed to protect the rights of the tenant and landlord and setting out all the terms and conditions of the rental arrangements.

Tenant
A person who has temporary possession of a property.

Tenure
Conditions on which a property is held (ie: length of lease or freehold ownership).

Terraced house
A property which forms part of a connected row of houses.

Terrain
Land.

Terre
Terre

Terre à l’amende:
Literally “penalty land”.  An owner of land may apply to the Royal Court for permission, in effect, to declare his land penalty land.  It gives him or her the right to issue what amounts to parking tickets for the sum of £50, enforceable by way of a petty debt court summons.

Terre nué
Bare land.

Terrié
Rough.

Title
This is the right of an owner to their land.  It may be subject to servitudes, which will be recited in the title deeds.

Title deeds
Documents showing the legal ownership of a property.

Tonnelle
Small enclosure.

Tour
Tower, look-out post.

Tour dechelle
A servitude endowing a right to stand a ladder on the land of a neighbour in order to make repairs and general maintenance work to the fonds dominant; for instance the gable end of a house, or a wall being owned by the fonds dominant.

Tourelle
Staircase found on many older Guernsey properties, usually recognised as being in the form of an enclosed tower half within and half without the property which it serves.

Toutesfois
At all times.

Trappe
Dolmen.

Treizième
The tax levied on the sale of real property, for which a congé is produced as receipt of payment by HM Receiver-General.  Currently payable at a rate of 2%.

Trépied
Dolmen.

Tuyaux
Pipes.

Tuyaux à eau
Water pipes.

Tuyaux à gaz
Tuyaux à gaz

U

Under offer
The status of a property for sale, when a seller has accepted an offer from a purchaser but prior to signing Conditions of Sale.

Usufruit
A right of enjoyment of a thing, the property of which is in another.  An usufruit is realty.  The usufruitier has a right to make normal use of the property and to enjoy any ancillary rights which an owner of the property would have, such as the enjoyment of servitudes.  He is also entitled to enjoy the fruits of the property.  A usufruitier has a duty to take such care of the property as a reasonably prudent property owner would take of his own (bon père de famille).  He is not, however, liable for gross réparations unless they become necessary through his own fault.  An usufruit can be sold or leased.

V

Vacheul
Swamp.

Val or Vallon
Valley.

Valuation
A basic survey of a property to estimate its value for mortgage purposes. Mortgage lenders will insist on this before lending.

Varde
Cairn.

Varende
Fish drying ground.

Variable Rate
This was the traditional way that mortgages were arranged before the concept of fixed rates. A variable rate will fluctuate up and down to reflect the true cost of borrowing. They may be discounted for a period of time.

Variouf
Werewolf.

Vau
Valley.

Vazon
Swamp overflowed by the sea at every high tide.

Vendor
The legal name for a person selling a property.

Vente
Sale.

Vergée
Now defunct under weights and measures legislation, but remains commonly referred to.  Area of land 133ft x 133ft, totalling 17,640 square feet or 1,638.8 square metres.  There are approximately 2.47 vergees to an acre.

Vers
Towards.

Videclin
Slope.

Vigueur
(In) force.

Vingtième
(abolished in 1840) A certain portion of real property situate outside the barrières of St Peter Port which always devolved to sons, when ever their number amounted to, but did not exceed, double that of the daughters.

Vivier
Fish pond.

Volonté
Will, mind.

Vrangue
Mill-pond.

W

X

Y

Yield
Income from a property calculated as a percentage of its value.

Z