Biography: Emma trained and spent the first 13 years of her career in with Burness Paull prior to joining Blackadders in 2013 to head up the Commercial Property team. Emma is highly experienced in all aspects of commercial property including acquisitions and disposals, developments and investment work and landlord and tenant work (with wide ranging experience in both the office and retail and leisure sectors).
Over the years Emma has particularly enjoyed acting for clients in the retail and leisure sector where she has considerable expertise. Being dual qualified under Scots and English law, Emma enjoys working on transactions with UK wide portfolios. This is particularly welcomed by clients in the retail sector with a national presence.
Emma offers extensive experience in property finance, acting for lenders in secured lending transactions. Clients value her “can do”, commercial approach
Emma also acts for a number of large scale housing developers and also for landowners of strategic development land with large scale housing and mixed use projects.
Areas of Practice: Commercial Property (landlord and tenant, property finance, property development, house builder, property investment, retail and leisure).
This Practice Note sets out general drafting issues to consider when dealing with suspensive conditions in missives in Scotland and considers specific suspensive conditions relating to surveys, planning, title, finance, seller’s works, the community right to buy and licensing with reference where relevant to the Property Standardisation Group (PSG) offer to sell.
This Practice Note summarises the different types of option agreements to purchase property in Scotland, the requirement for a longstop date and the conflicting interests of landowner and developer. Consideration is given to the benefits of securing an option agreement and a comparison is made between option agreements and promotion agreements.
This Practice Note considers the use of real burdens in Scotland (including the Tenement Management Scheme and the Development Management Scheme) to make provision for maintenance obligations, principal issues to consider when drafting real burdens for maintenance and the distinction between real burdens and servitude condition.
This Practice Note considers suspensive conditions in missives in Scotland, including when they are used, how they differ from options and resolutive conditions, issues to consider relating to suspensive conditions when acting for a purchaser or seller, who benefits from a suspensive condition, who can waive or purify it, longstop dates and when risk passes.
This Style is a report on title for a purchase of heritable property in Scotland for development purposes. This is the main part of the report and our Style occupational lease report (if applicable on the acquisition of the development site) is designed to be appended to this report where appropriate. There are optional provisions for appending a specialist planning report.
This Style is an occupational lease report (where the report is to be by exception to a full report on a standard form lease for the property) for use on a purchase of property in Scotland for investment or development purposes. It is designed to be used either as a stand-alone report or as a schedule to be annexed to our report on title for development site acquisitions.
This Style is an occupational lease report for use on a purchase of property in Scotland for investment or development purposes subject to occupational leases. It is designed to be used either as a stand-alone lease report or as a schedule to be annexed to our report on title for development site acquisitions.
This Style is an occupational lease schedule for use on a purchase of property for development purposes. It is designed to be annexed to our report on title to give a brief overview of the key terms of tenancies, as an addition to the full occupational lease reports for a transaction.
This Style provides suspensive conditions for missives in Scotland for relating to measurements, surveys, planning permission, necessary consents, availability of utilities and services, obtaining funding, satisfaction of title and a Covid-19 viability condition.
This Style is for use in connection with an option agreement where the buyer wishes to secure the option to enable the option to be noted on the title sheet to the property by reference to the standard security. Any third party purchaser of the seller’s interest will become aware of the existence of the option when carrying out title due diligence on the property. It does not allow the buyer to take title to the property in the event of default of the seller.
This Checklist sets out issues to consider when drafting real burdens and title conditions in dispositions in Scotland. It considers specific real burdens relating to use restrictions, alterations and works and personal real burdens.
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