Melanie Ballantyne#6787

Melanie Ballantyne

Director, Commercial Property, Blackadders
Melanie is a highly experienced commercial property lawyer with over 25 years of knowledge and skills in all aspects of commercial property work. Melanie has specialised in the acquisition and site assembly for a number of blue riband housing developers and social housing providers, Scotland wide. Melanie has also acted for a number of Registered Social Landlords over the years. Melanie possesses a proven track record and is very good at establishing and maintaining very strong relationships with her clients to ensure commercial alignment and project delivery. Melanie is pragmatic in approach whilst maintaining client value. She has deep industry knowledge and commercial acumen and ensures clients needs are exceeded.

WORK HIGHLIGHTS

  • Melanie has recently acted for a developer at their two new town Scottish sites in numerous acquisitions and sales for both private and social housing. This involved setting up the development and delivering the first of the Plot sales at one of their Sites as well as the acquisition of several other phases for the developer. Melanie was responsible for delivering a much enhanced reporting service to the client and a much more client focused approach.
  • Melanie is highly experienced in landlord and tenant leasing work as well as acquisitions and sales of all types of commercial property and has acted for commercial developers in the acquisition and sale of commercial property development sites.
  • Melanie has acted for a wide range of blue riband housing developers on a large range of sites over many years. This involved the acquisition and sales of sites for both private and social housing and the setting up and onward sales of the plots.
  • Melanie has also acted for a number of Registered Landlords in the acquisition of sites for shared equity sales and mid market rent.
Contributed to

14

Dealing with rights of access in property transactions—Scotland
Dealing with rights of access in property transactions—Scotland
Practice notes

This Practice Note summarises the various types of access rights in Scotland and issues that may arise in relation to access in property transactions and developments including the extent of publicly adopted roads, ransom strips, servitudes for access, public rights of way, the right to roam and tenement access rights.

Dealing with rights of pre-emption on transfer of property in Scotland
Dealing with rights of pre-emption on transfer of property in Scotland
Practice notes

This Practice Note considers how to deal with rights of pre-emption in Scotland. It identifies the types of rights of pre-emption that may be encountered and details how to deal with these as part of a conveyancing transaction. This Practice Note does not cover rights of pre-emption created in leases.

Developing property in Scotland—site acquisition and vacant possession
Developing property in Scotland—site acquisition and vacant possession
Practice notes

This Practice Note sets out some of the more common issues which may arise during site assembly and procuring vacant possession of land in Scotland for development purposes, including access rights, servitudes for utilities, dealing with real burdens, rights of pre-emption and the community right to buy, boundaries, archaeological features and human remains, sites of special scientific interest (SSSI), environmental clean-up liability, coal and mining issues, telecommunication code issues and securing vacant possession.

Drafting suspensive conditions in missives in Scotland
Drafting suspensive conditions in missives in Scotland
Practice notes

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.

Options to purchase property—Scotland
Options to purchase property—Scotland
Practice notes

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.

Real burdens dealing with maintenance obligations in Scotland
Real burdens dealing with maintenance obligations in Scotland
Practice notes

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.

Suspensive conditions in missives transferring Scottish property
Suspensive conditions in missives transferring Scottish property
Practice notes

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.

Report on title—development site acquisition—main report (Scottish heritable property)
Report on title—development site acquisition—main report (Scottish heritable property)
Precedents

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.

Report on title—exception lease report—Scotland
Report on title—exception lease report—Scotland
Precedents

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.

Report on title—occupational lease report—Scotland
Report on title—occupational lease report—Scotland
Precedents

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.

Report on title—occupational lease schedule—Scotland
Report on title—occupational lease schedule—Scotland
Precedents

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.

Style clause—suspensive conditions for missives—Scotland
Style clause—suspensive conditions for missives—Scotland
Precedents

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.

Style—Option standard security—Scotland
Style—Option standard security—Scotland
Precedents

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.

Other work

Drafting real burdens and title conditions in dispositions—Scotland—checklist
Drafting real burdens and title conditions in dispositions—Scotland—checklist

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.

Practice Area

Panel

  • Scottish Panel

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