Property disputes in Scotland

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Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Property disputes in Scotland content

Practice notes
For the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit on jurisdiction to commence...
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Produced in partnership with James Lloyd of Harper Macleod LLP 19th Jan
Practice notes
Coronavirus (COVID-19): Schedule 1 to the Coronavirus (Scotland) Act 2020 (C(S)A 2020), and C(S)A 2020, s 2 increases the notice period for:•Private...
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Produced in partnership with Gavin Deeprose of DLA Piper 19th Jan
Practice notes
This table below contains an archive of news analysis on Scotland and Scots law developments of general application and those which affect various...
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18th Jan
Practice notes
Members of the public are normally welcome to visit the courts and tribunals in Scotland for many reasons, including to support those involved with...
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18th Jan
Practice notes
This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
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Produced in partnership with Jim Cormack of Pinsent Masons 18th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering jurisdiction. This Practice Note reflects the position up to and...
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Produced in partnership with Dr Kirsty Hood QC of Themis Advocates 18th Jan
Practice notes
This Practice Note considers pre-action conduct in general civil disputes in Scotland. For guidance on:•pre-action conduct in Scottish personal injury...
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Produced in partnership with Euan McSherry of Aberdein Considine 18th Jan
Practice notes
Coronavirus (COVID-19): Schedule 7 to the Coronavirus (Scotland) Act 2020 (C(S)A 2020) and C(S)A 2020, s 8 provides protection for commercial tenants...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 15th Jan
Practice notes
Essential features of a servitudeThe requirements for a valid servitude are set out in Practice Note: Servitudes in Scotland—Requirements for a...
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Produced in partnership with Seb Galastro of DLA Piper Scotland LLP 15th Jan
Practice notes
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...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 15th Jan
Practice notes
This Practice Note sets out the extent of the new Electronic Communications Code (the ‘EC Code’) rights, how they arise—(ie by agreement made between...
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Produced in partnership with Alistair Drummond and Sandie Wang of DLA Piper Scotland 15th Jan
Practice notes
Default positionBilateral surrender (or renunciation as it is referred to under Scots law) is the method by which a tenant gives up its rights under a...
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Produced in partnership with Alistair Drummond and Struan Brock of DLA Piper Scotland 15th Jan
Practice notes
Coronavirus (COVID-19): Schedule 7 of the Coronavirus (Scotland) Act 2020 (C(S)A 2020) and C(S)A 2020, s 8 provides protection for commercial tenants...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 15th Jan
Practice notes
Break clausesA break clause is a term in a lease which permits the landlord or the tenant to terminate a lease early. Break clauses are considered in...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 15th Jan
Practice notes
Assignation and sublettingAssignation and subletting are two options which a tenant may use to introduce a new tenant into the lease arrangement. The...
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Produced in partnership with Rebecca Roberts of DLA Piper Scotland LLP 15th Jan
Practice notes
MissivesThe most common form of contract in Scottish property transactions are missives of sale, see for example, the Property Standardisation (PSG)...
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Produced in partnership with Alistair Drummond, Tony Holloran, Vladimir Kucera and Scott Traynor of DLA Piper Scotland LLP 15th Jan
Practice notes
The most common types of delict to arise in property disputes are negligence, nuisance and trespass, see Practice Notes: Property disputes in Scotland...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 15th Jan
Practice notes
This Practice Note considers repair obligations in commercial leases in Scotland, including interpretation of repair obligations, extraordinary...
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Produced in partnership with Lorna Richardson of The University of Edinburgh, David William John Bell of Harper Macleod and Jennifer Talbot of DLA 15th Jan
Practice notes
This Practice Note examines the issues surrounding alterations and improvements to property in Scotland subject to a commercial lease. Consent and...
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Produced in partnership with Mark Davenport of DLA Piper 15th Jan
Practice notes
Differences between leases and licences to occupyLeasesA lease in Scots law has been defined as ‘a contract by which a person, known as a tenant, is...
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Produced in partnership with Mark Davenport of DLA Piper 15th Jan

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