Frequently asked Questions

We try to answer below some questions that are often asked of us. If you have any questions of a general or specific nature please feel free to contact us.

Who can act for you?

If you wish to instruct someone to act on your behalf, the legal work involved in buying or selling property has to be carried out by a Manx Advocate. There are no licensed conveyancers in the Isle of Man as there are in England.

Most Advocates' practices on the Island undertake conveyancing work.

How much will my Advocate charge?

Regulations are in place which specify a maximum fee that can be charged by Advocates. The fees charged by Advocates do vary and you would be well advised to obtain a quote before instructing your Advocate to proceed. We can provide an immediate estimate of our charges either by telephone or on-line.

Usually, if you are purchasing a property, your Advocate will ask you for approximately £200.00 at the beginning to cover the search fees which will be paid out on your behalf.

How long will it take?

The length of time depends on a number of factors including whether there are linked transactions and whether there is a mortgage involved, on average it can take 6 to 8 weeks from start to finish.

We always do all that we can to progress your transaction as quickly as possible but cannot offer any guarantee.

What searches are carried out and why?

There are a number of different searches that can be carried out and the buyer's Advocate will decide which of these are necessary in any particular case. A selection of these are as follows:-

Local Authority Search This reveals details about the property such as drainage, highways, basic planning matters and other relevant information.

Drainage This reveals whether or not the surface and/or foul water drains run into a public or private sewer.

Land Registry Search This is carried out in order to find out if there are any charges registered against the property and to find any other problems with the Title. If there are any problems then the buyer's Advocate will obviously require these to be sorted out prior to completion.

Planning Search This reveals a detailed planning history of the property and surrounding properties.

Utility Searches These reveal the water, gas, electricity and telephone connections to the property and highlight any potential problems.

When do I need to arrange buildings insurance?

The buyer needs to ensure buildings insurance is in place from the date of exchange of contracts.

What do we need to know if we are buying in joint names?

Most couples purchase as 'joint tenants' which means that upon the death of either of them, that person's share will automatically pass to the survivor. Neither person has a distinct share.

The alternative is to hold the property as 'tenants in common' which means that each person has a specific share in the property.

If you are putting unequal amounts into the property it is often advisable to prepare a 'trust deed' which sets out your respective shares in the Property so that in the event of any dispute or upon the death of one or other of you your original intentions will be clearly recorded.

Do I need to arrange Life Cover?

It is often an requirement of a lender that you obtain an appropriate level of Life Cover. This guarantees that your mortgage will be paid off in the event of your death. You, or your Broker must ensure Life Cover is in place from day of Completion if that is a requirement of the Lender.

Why do we exchange contracts?

Contracts for the sale of land have to be in writing. So when you verbally agree to buy or sell property with a third party that is unenforceable until a contract has been signed by both parties and a deposit has been paid.

What is Registered Land?

With effect from the 1st November 2000 a system of registered land has been introduced in the Isle of Man.

Historically the ownership of land on the Island has been dependant upon the inspection of the original title deeds to the property. Once a property is registered the title to the land will depend upon what has been entered on the register at the Land Registry. This should eventually make the whole system of conveyancing much more straight forward and hopefully less time consuming.

The new system of registered land is gradually being phased in. From the 1st May 2002 properties in Andreas, Ballaugh, Bride and Jurby and from the 1st of May 2003 properties in German (including Peel), Lezayre, Maughold (including Ramsey), Michael and Patrick have to be registered when one of the following events occurs:

1. a purchase of freehold property;
2. a grant of a lease for a term greater than 21 years;
3. an assignment of an existing lease with at least 21 years left of the term.

There is no requirement to register land except when one of the 'trigger' events listed above occurs. It is anticipated that registration will be extended to the rest of the Island from May 2004.

The effect to someone selling, buying or leasing property on first registration will inevitably be that the legal fees involved will be slightly more expensive. This is to take into account the extra work that will have to be carried out on your behalf. It is anticipated, however, that in the future once a property has been registered the legal costs of dealing with that property may be reduced as less work should be involved.

Why use James Quinn & Co?

When you instruct us we will:-

• Guarantee our competitive fixed price quotes
• Guarantee no hidden costs
• Guarantee no sale (or purchase) no fee
• Appoint a personal conveyancer to act for you
• Give you direct access to your conveyancer by telephone, fax and email
• Keep you properly updated by email and by text messages to your mobile phone
• Look after your interests at all times