Industry Profile

INDUSTRY PROFILE: CONVEYANCER

NICK LE POIDEVIN

With 40 years of experience working in conveyancing in Guernsey, recently appointed lead conveyancer at Ogier, Nick Le Poidevin, has a wealth of knowledge regarding the sale and purchase of local property. He shared with us his career path over the past four decades, and what he’s learned along the way.

When Nick Le Poidevin left school in 1980 at 16 years old, his first job interview was for a role as a conveyancing clerk at local firm Ozanne Van Leuven & Perrot (now Mourant). Having impressed the late Roger Perrot enough at interview to be offered the position, it was the start of a long career for Nick in the industry.

“When I started in the office there were nine support staff, five lawyers and me. Everyone was using manual typewriters except for the secretaries who had electric typewriters. We had one small photocopier, no fax machine and virtually everything was done by letter.”

While the office set up may have looked fairly different to current work environments, Nick believes the training he received 40 years ago would serve a new starter today in good stead for a career in conveyancing. “At the beginning, my main role was to undertake searches. I would also draft documents but everything had to be checked by my superiors and I had no client contact for at least two years. Looking back, I think it gave me a good grounding and I was certainly very well looked after. Conveyancing really is something you can only learn on the job – there are no exams and no books you can read. I had two people who mentored me – Cec Priaulx and Eddie Prentice – and they made sure I was properly trained from the start.”

Nick freely admits that his conveyancing career came about by chance rather than design, but it was a fortuitous opportunity that turned out to be well suited to his personality and skills.

“I enjoyed it right from the beginning. Cec and Eddie would often be laughing because I’d

constantly be asking for more to do. They would tell me something and I’d be questioning everything, always asking ‘what happens if?’ I have an inquisitive mind, which I think is really important for a conveyancer, along with a very high level of accuracy. While people obviously do make mistakes, the stakes are very high when it’s in regard to property purchases as there can be serious repercussions. Just one incorrect word in a document can make all the difference so there is quite a lot of pressure to not only get it right, but to get it right first time.”

But when conveyancers like Nick do get it right, he says it’s a hugely rewarding job that marries technical knowledge with client relationships.

“Buying a property, particularly when it comes to residential purchases, is a very important moment for many people. As a conveyancer, you’re dealing with them at this key period in their lives and it’s possible to build up quite a personal relationship. Having worked in the industry for so long, I’ve got a lot of repeat clients who I have dealt with many times. I feel that it’s a very important part of the job to build up a rapport and relationship with people.”

As a conveyancer, Nick has a number of responsibilities when acting for a purchaser – all of which require attention to detail and a high level of accuracy.

“Once the firm has been appointed and has reviewed the conditions of sale, we start with the all important searches. There are three elements to that. Firstly, the boundaries and current rights. It is important to not only look at the title deed for the relevant property, but to also research the titles of any neighbours. Boundaries are crucially important as you need to ensure that the deeds correspond with each other. I would also be looking for any rights as between the properties, for example, if you are dependent on a neighbouring property for access to your property I would be ensuring that the deeds of both properties reflect that.”

With those searches completed, Nick’s job is then to undertake more detailed title research in order to establish that any rights have been properly created. He often has to look a considerable way back to find the answers he needs.

“Prior to 1970, every document was written in French, which we often need to decipher to find the creation of rights and to ensure that we haven’t missed anything important. We are always on the lookout for rights that can affect the property, and there are sometimes some very unusual provisions, such as the right, in one particular property I can think of in St Peter Port, which allows for the neighbour to sit in a chair in another person’s rear yard and, in another case, a clause prohibiting the keeping of pigs on the property. More commonly, there can be clauses relating to the drawing of water from a well or clauses saying that an owner cannot increase the height of boundary walls etc.”

Vendors, purchasers and bond searches also need to be undertaken so as to ensure that the person selling the property actually owns the property that they purport to own and to establish whether there are any bonds (mortgages) secured on the property.

“For conveyances from 1950 onwards, we can go onto the Cadastre system through Digimap to obtain copies of conveyances. But all other searches have to be done in person at the Greffe. All bonds, purchasers and vendors searches are completed manually, often literally by combing through pages of record books. It’s more labour intensive than I think many people would realise, but that research side of it is one of the things I really enjoy about the role.” I FEEL THAT IT’S VERY IMPORTANT PART OF THE JOB TO BUILD UP A RAPPORT AND RELATIONSHIP WITH PEOPLE.

Conveyancer FACTFILE

THE JOB

A conveyancer is responsible for drafting the conveyance that will transfer a property from one owner to another. They review conditions of sale, carry out searches to ascertain title, and complete site visits at the relevant property. They will also often accompany the vendors or purchasers to the Conveyancing Court held at Guernsey’s Royal Court on Tuesday and Thursday mornings.

THE SKILLS

Attention to detail is key as mistakes in conveyances can be costly and have major repercussions for vendors and purchasers. Research skills are important for Greffe and Cadastre searches. Local knowledge can also be useful when considering properties around the island.

THE QUALIFICATIONS

No formal qualifications are required to work in as a conveyancer in Guernsey and there are no specific courses or training available outside the local legal firms. Most training is done ‘on the job’ with experienced practitioners guiding the trainee.

After so many years working at Mourant (through its various iterations), Nick has recently joined Ogier as lead conveyancer. But while the office may be new to him, the role and the people are very familiar.

“The legal property world in Guernsey is very small and I knew everybody well before I started, which is a very welcoming way to begin a job. I’m looking forward to continuing with the work I enjoy with this new team.”

Guernsey property development – evolution or revolution?

What does the future hold for property development in a postCovid 19 world? There’s a lot of talk about changing how we live our lives and especially the space we want to use, whether at home or at work. Scott Philpott of Investec Bank (Channel Islands) Limited concludes that whether this is evolution or revolution, the most successful development schemes will result from flexibility and close working partnerships.

The way we live and work has been transformed by the Covid-19 pandemic. There may be some, if not many, months to go before we achieve the heralded ‘new normal’, but property market data is beginning to emerge giving an indication of the opportunities for the future.

Residential and commercial markets have been affected in different ways as homeowners, commercial tenants and landlords look again at how we live and work. The most obvious catalyst for this reappraisal is the acceleration towards more flexible working practices. As more employees and employers consider a new way of working, the space we use will become more relevant than ever. Our homes and our offices are shedding their old clothes and taking on a new fashion. This revolution presents opportunities for developers.

RESILIENCE IN THE GUERNSEY MARKET

In Guernsey, recently published statistics for the property market show both resilience during lockdown and a swift recovery in market activity. In the residential market, there is an apparent shift towards informed purchasers The Haven who have a clear understanding INVESTEC’S FOCUS IS ON A PARTNERSHIP BUILT ON THREE PILLARS: SERVICE, INNOVATION AND RELATIONSHIP. of their requirements and if possible, want to be party to the design of their home, perhaps to future proof it or just to create space that enables more efficient work/living space and investing in the latest technology. We are also more attuned to our environment and there is a growing desire to live in properties that are more energy efficient.

For developers, this might accelerate or endorse their way of thinking to embrace the changing mindset of potential clients, as well as assembling project teams who understand and embrace the shifting priorities of their target markets.

SUCCESS FROM A STRONG TRACK RECORD

At Investec, we have maintained a positive appetite to work with local property developers to create appropriately structured funding solutions and support their experience, determination and track record for delivering quality projects.

Every successful development demands a collegiate partnership of architects and designers, project managers, main contractor, sub-contractors, structural engineers and quantity surveyors. The developer also needs to know his ‘back room’ team of lawyers, valuers, marketing agents and funders are prepared to play a proactive role in the success of the project.

DELIVERING ON EXPECTATIONS

Investec’s focus is on a partnership built on three pillars: service, innovation and relationship.

In an island with a finite amount of land, securing a development site isn’t always straight-forward and sometimes, the developer needs to think outside the box and come up with a solution that works for all parties – they need to get the right deal done. This may involve, for instance, securing an option to buy the property, buying the site outright, or even entering into a joint venture with the property owner. Success in securing a site will be dependent on the track record and ability of the developer to deliver. Investec plays a crucial role here to work proactively with the developer to understand the deal, undertake an initial assessment and set out a proposed funding structure. Investec recognises that the quality and speed of service delivery is crucial to support the developer in the initial deal making.

Development sites can be secured in a variety of ways. The

lender should play a key role in understanding the preferred funding structure of the developer in respect of the development site acquisition and subsequently, the development project itself and using their skill and experience, to arrive at a bespoke funding solution that meets the developer’s requirements.

And finally, the strength of the relationship between lender and developer is crucial to a successful project. Inevitably, issues will arise during the course of a development project and if this relationship is strong, such issues can be quickly addressed and accommodated by experienced development lenders who can be trusted to present options and arrive at a mutually acceptable solution.

Our highly experienced team is ‘hands on’ with all the local projects Investec is involved with; we are both responsive and responsible in our approach, working closely with the developer to give them the flexibility and confidence they need. With our knowledge of the Guernsey market and our access to intelligence and analysis of global economic trends, we are in a strong position to support appropriate development projects in the island.

CLIENT TESTIMONIAL: INFINITY GROUP

Paul Nobes of Infinity Group has a long-standing relationship with Investec. Infinity’s successful development of the former Hotel Dunchoille site into The Haven, a mix of contemporary and traditional apartments, was delivered on time despite the coronavirus outbreak. He says: “Every development is a journey and Investec came with us all the way, providing an innovative funding structure, informed guidance and understanding as the project evolved. Our relationship is built on trust and confidence enabling us to focus on what we need to do to deliver outstanding design and construction for islanders.”

The Haven

The Haven

Investec Bank (Channel Islands) Limited is part of Investec Private Banking and a wholly owned subsidiary of Investec Bank plc. This document is distributed by Investec Bank (Channel Islands) Limited which is licensed in Guernsey by the Guernsey Financial Services Commission under the Banking Supervision (Bailiwick of Guernsey) Law,1994, as amended, and the Protection of Investors (Bailiwick of Guernsey) Law, 1987, as amended, to carry on banking and investment business. Registered Address: Glategny Court, Glategny Esplanade, St Peter Port, Guernsey, GY1 1WR. Registered Number: 5845. The Jersey Branch of Investec Bank (Channel Islands) Limited is regulated by the Jersey Financial Services Commission to carry on deposit taking business under the Banking Business (Jersey) Law 1991, as amended. The Jersey Branch address is One The Esplanade, St Helier, Jersey, JE2 3QA. The Isle of Man Representative Office of Investec Bank (Channel Islands) Limited is regulated by the Isle of Man Financial Services Authority and its place of business address is Second Floor, The Old Courthouse, Athol Street, Douglas, Isle of Man, IM1 1LD.

WATTS PROPERTY CONSULTANTS

When Watts Property Consultants won the commercial property agent of the year award at the 2019 Guernsey Property and Construction awards, it was a fitting tribute in a year that saw the firm celebrate its 10th anniversary. Following their award win, we spoke to managing director Joanna Watts about her career and how she has built up her business over the past decade.

When Jo Watts set up the thennamed Jones Watts Ltd in 2009, she did so in the belief there was a gap in the market for an independent firm dedicated solely to commercial property.

“At the time, it seemed clear to me there was a need in the island for an independent firm. Some of the estate agencies had commercial arms, but I thought a purely commercial firm would be able to provide something different to the market.

“I had a strong vision for an agency that would do everything from valuation work to property management and deal with both

landlords and tenants, providing a friendly and professional service with a multi-disciplinary team. At the same time, I had quite a technical background which I believed would be key to providing the service I was aiming for.”

That technical background of Jo’s had been built up through a successful career in the industry, both in Guernsey and the UK. Having qualified with a first class honours degree in land economy degree from the University of Cambridge, she had studied areas as varied as law, economics, investment analysis, planning and architecture.

“I’d always had a love for the built environment and my studies at Cambridge only consolidated my belief that it was the area in which I wanted to pursue my career. When I first graduated from university I worked at the major real estate management firm DTZ in London, which was very exciting and provided some great experience. Then, after various other roles in the UK and overseas, I moved back to Guernsey.” “I HAD A STRONG VISION FOR AN AGENCY THAT WOULD DO EVERYTHING FROM VALUATION WORK TO PROPERTY MANAGEMENT AND DEAL WITH BOTH LANDLORDS AND TENANTS. In Guernsey, Jo went to work at property developer, Comprop, where she qualified as a surveyor and learned more about the local commercial property market.

“At Comprop, I cut my teeth on Grade A office buildings, undertaking landlord and tenant work, dealing with lettings, agency work and general property management. It gave me a wealth of experience both in that type of work and the Guernsey property market.”

With that experience under her belt, setting up her own firm seemed the logical next step for Jo, and she established the business in 2009. But her professional leap sadly coincided with a very difficult period in her personal life.

“I was planning to launch the business in August 2009 when my mum was suddenly diagnosed with cancer in the March of that year. She died within 11 weeks of her diagnosis so it was an incredibly difficult time as I was obviously grieving while having this lifechanging experience of starting my own firm. However, my mum knew what I was planning to do and was hugely supportive so it was lovely to have shared the dream and vision with her.”

Like many successful entrepreneurs, it has been the people behind her that have helped Jo make her firm successful from day one. In her case, friend and colleague, Viv Schreibke, who has been the mainstay of her team from the start.

“When I was looking to set up the company I mentioned my plans to Viv. I said I needed somebody to run the office and asked if she could be that person. She’s now the finance and operations director for Watts & Co. Viv has enormous passion and vision and motivation and we worked really well as a team to get the firm established and build up the business.”

In 2010, Jo and Viv were joined by Wing Lai, who she describes as an equally integral part of the team. Now the firm has grown to eight people, with its most recent appointment, chartered building surveyor Mark Johnson, expanding the services the firm can offer.