Rachel Oliphant

Rachel is a senior practice development lawyer for the property team at Pinsent Masons. After practising as a commercial property solicitor in England (at Reynolds Porter Chamberlain) and then in Scotland (at McGrigor Donald which she joined in 1995) Rachel became one of the first property professional support lawyers in Scotland in 2001. Rachel's transactional experience was in property development particularly retail development in both England and Scotland. Rachel is a founding member of the Property Standardisation Group which was created in 2001 by the then four leading Scottish firms to produce agreed forms of documents and procedures for Scottish commercial property transactions for the benefit of the profession as a whole. The PSG provides a valuable resource for the profession in times of rapid changes in property law and procedure. Rachel is a member of the Scottish Property PSL Group and co-chairs a liaison group between the PSL Group and the Registers of Scotland. Rachel is also a member of the Scottish Property Federation's Building Standards and Sustainability committee. In her current role at Pinsent Masons Rachel is responsible for keeping the property lawyers up to date on changes in property law and market practice, creating and maintaining precedents and organising and delivering training to ensure that the lawyers in the team are fully-equipped with the necessary technical excellence and skills to deliver a commercial and efficient service to clients.
Contributed to

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Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 and action plans for commercial property in Scotland
Practice Note

This note explains how the Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 (AEP Regs 2016), SSI 2016/146 apply to commercial property in Scotland.

Comparison of priority periods in England (official search with priority) against protected period in Scotland (advance notice)
Practice Note

This Practice Note considers the differences between the protection given to a purchaser, tenant or lender by an official search with priority (priority search) in England and Wales and an advance notice in Scotland.

Deeds of conditions and development management schemes in Scotland
Practice Note

This Practice Note looks at the management and maintenance of common areas in residential and commercial developments in Scotland using either a deed of conditions or the development management scheme

Energy Performance Certificates (EPCs) for commercial property in Scotland
Practice Note

This Practice Note considers how the Energy Performance of Buildings (Scotland) Regulations 2008 (the EPC Regs 2008), SSI 2008/309 (as amended) apply to commercial property in Scotland.

Glossary of Scottish property words and expressions
Practice Note

This Practice Note contains a glossary of common words and expressions used in Scottish property law with the nearest England and Wales equivalent (where relevant) and links to useful property related websites.

Guide to the differences between a commercial property sale transaction in Scotland and England and Wales
Practice Note

This Practice Note considers the different stages in transactions for the sale of commercial property in England and Wales compared to those in Scotland, at pre-contract, contract, post-contract, completion and settlement and post-completion and settlement stages.

Guide to the differences between commercial lease transactions in England and Scotland
Practice Note

This Practice Note considers the different stages in lease negotiations for commercial property in England and Wales compared to those in Scotland, at pre-contract, contract, post-contract, completion and settlement and post-completion and settlement stages.

Inspection of air conditioning systems in Scotland
Practice Note

This Practice Note explains the statutory obligations that building owners and managers who control air conditioning systems (ACS) in Scotland have to carry out inspections of the ACS.

Legal due diligence in Scottish commercial property acquisitions
Practice Note

This Practice Note provides a summary of the purpose, nature and scope of the due diligence required by a buyer acquiring a Scottish commercial property.

Part 2 community right to buy and asset transfer requests in Scotland
Practice Note

This Practice Note considers the existing community rights to buy in Scotland under Part 2 of the Land Reform (Scotland) Act 2003 and asset transfer requests under the Community Empowerment (Scotland) Act 2015.

Part 3A right to buy abandoned etc land and Part 5 right to buy land to further sustainable development in Scotland
Practice Note

This Practice Note outlines the right to buy abandoned neglected and detrimental land under Part 3A of the Land Reform (Scotland) Act 2003 and the right to buy land for sustainable development under Part 5 of the Land Reform (Scotland) Act 2016.

Real burdens in Scotland—creation and interpretation
Practice Note

This Practice Note provides an introduction to real burdens. It considers how to validly create and exercise real burdens, describes the different types of real burdens, including pre-emptions, redemptions and reversions and how to interpret real burdens when examining title

Real burdens in Scotland—enforcement and extinction
Practice Note

This Practice Note considers how real burdens can be enforced and extinguished by discharge, acquiescence, negative prescription and the sunset rule.

Rights to buy affecting land in Scotland—snapshot
Practice Note

This Practice Note provides a brief overview of the various existing community rights to buy in Scotland under Part 2 of the Land Reform (Scotland) Act 2003 (LR(S)A 2003); asset transfer requests under the Community Empowerment (Scotland) Act 2015; Crofting community right to buy under LR(S)A 2003, Pt 3; Agricultural tenants' right to buy under the Agricultural Holdings (Scotland) Act 2003; the right to buy abandoned neglected and detrimental land under LR(S)A 2003, Pt 3A and the right to buy land for sustainable development under LR(S)A 2003, Pt 5.

Servitudes in Scotland
Practice Note

This Practice Note considers how servitudes are created in Scotland, how servitudes may be interpreted and how to extinguish servitudes.

Style party designation and execution clauses—property—Scotland
Precedent

This Precedent sets out clauses for the designation of a party and self-proving execution of dockets in Scotland for individuals, individuals by way of power of attorney, companies (including in administrative receivership, administration and liquidation) partnerships, limited partnerships and limited liability partnerships.

Other work

Comparison of EPC and energy regulations for non-domestic properties in England and Wales and Scotland—checklist

This Checklist compares the Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regs 2012) and the Energy Performance of Buildings (Scotland) Regulations 2008 (EPC Regs 2008).

Determining whether a Feudal burden survives the Abolition of Feudal Tenure etc (Scotland) Act 2000—flowchart

This Flowchart sets out the steps in determining whether a real burden was a feudal burden and whether it has survived abolition.

Examining real burdens—flowchart

This Flowchart describes the process of examining and interpreting real burdens affecting land in Scotland.

Practice areas

Membership

  • Property Standardisation Group
  • Scottish Property Federation

Panel

  • Scottish Panel

Education

  • 1988: BSc(Hons) King's College London (Chemistry)
  • 1990-1992 College of Law, Lancaster Gate, London: common professional exam and Law Society Finals

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