Property disputes in Scotland (delictual and statutory)
Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP

The following Property Disputes practice note produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP provides comprehensive and up to date legal information covering:

  • Property disputes in Scotland (delictual and statutory)
  • Delictual obligations arising from a wrongful act
  • Occupiers’ Liability
  • Liability for defective premises
  • Consumer rights
  • Prescription and limitation
  • The Prescription and Limitation (Scotland) Act 1973

Property disputes in Scotland (delictual and statutory)

STOP PRESS: The Prescription (Scotland) Act 2018 (P(S)A 2018) received Royal Assent on the 18 December 2018 and will be effective from a date still to be appointed by the Scottish Ministers. Provisions are made to make changes to the law of negative prescription to address certain issues which have caused or may cause difficulty in practice. P(S)A 2018 makes amendments to the Prescription and Limitation (Scotland) Act 1973 including:

  1. reform both five-year prescription and 20-year prescription (with no proposed changes to the list of obligations which do not prescribe)

  2. extend the range of legal obligations covered by five-year prescription

  3. set out a new test determining when five-year prescription starts in relation to the obligation to pay damages

This Practice Note considers property disputes in Scotland arising:

  1. in delict

  2. under the Occupiers’ Liability (Scotland) Act 1960 (OL(S)A 1960)

  3. under consumer rights legislation

  4. in relation to defective premises

and the time limitations for claims under the Prescription and Limitation (Scotland) Act 1973 (PL(S)A 1973).

Statutory repair obligations in respect of agricultural and residential tenancies are not covered.

Obligations in relation to property may arise broadly:

  1. by force of law (statutory—see further: Obligations arising by force of law: Stair Memorial Encyclopaedia [2])

  2. from a wrongful act (delictual—see further: Obligations arising from a wrongful act: Stair Memorial Encyclopaedia [3]), and

  3. voluntarily (eg unilateral

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