Property disputes in Scotland

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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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19th May
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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19th May
Precedents
To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...
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19th May
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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19th May
Precedents
To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...
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19th May
Precedents
1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...
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19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
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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19th May
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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19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May

Most recent Property disputes in Scotland content

Practice notes
Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...
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6th Jun
Q&As
Under the new Electronic Communications Code, to what extent can a purchaser of land in Scotland rely on a termination notice served by the seller on...
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Produced in partnership with Hugh Olson of Arnot Manderson Advocates 5th Jun
Practice notes
Commercial property service charge disputes—ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice...
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Produced in partnership with Gavin Deeprose of DLA Piper 5th Jun
Practice notes
The Electronic Communications Code—ScotlandThis Practice Note sets out the extent of the new Electronic Communications Code (the ‘EC Code’) rights,...
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Produced in partnership with Alistair Drummond and Sandie Wang of DLA Piper Scotland 5th Jun
Practice notes
Surrender (renunciation) of leases in ScotlandDefault positionBilateral surrender (or renunciation as it is referred to under Scots law) is the method...
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Produced in partnership with Alistair Drummond and Struan Brock of DLA Piper Scotland 5th Jun
Practice notes
Licences to occupy commercial premises in ScotlandDifferences between leases and licences to occupyLeasesA lease in Scots law has been defined as ‘a...
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Produced in partnership with Mark Davenport of DLA Piper 5th Jun
Practice notes
Breach of Missives—remedies in ScotlandMissivesThe most common form of contract in Scottish property transactions are missives of sale, see for...
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Produced in partnership with Alistair Drummond, Tony Holloran, Vladimir Kucera and Scott Traynor of DLA Piper Scotland LLP 5th Jun
Practice notes
Property disputes in Scotland—common law and statutory nuisanceThe most common types of delict to arise in property disputes are negligence, nuisance...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 5th Jun
Practice notes
Disputes concerning servitudes in ScotlandEssential features of a servitudeThe requirements for a valid servitude are set out in Practice Note:...
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Produced in partnership with Seb Galastro of DLA Piper Scotland LLP 5th Jun
Practice notes
Keep open clauses in Scotland—drafting and enforcementCoronavirus (COVID-19): Various local and national lockdown measures have required some...
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Produced in partnership with Jennifer Guy of Brodies LLP 5th Jun
Practice notes
Recovering rent, arrears and rates considerations in ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 5th Jun
Practice notes
First Tier Tribunal for Scotland (housing and property chamber)Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes...
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Produced in partnership with Fiona Cameron of Gillespie Macandrew LLP 5th Jun
Practice notes
Property disputes in Scotland—negligence and trespassThe most common types of delict to arise in property disputes are negligence, nuisance and...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 5th Jun
Practice notes
Property disputes in Scotland (delictual and statutory)STOP PRESS: The Prescription (Scotland) Act 2018 (P(S)A 2018) received Royal Assent on the 18...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 5th Jun
Practice notes
Lease break option disputes—ScotlandBreak clausesA break clause is a term in a lease which permits the landlord or the tenant to terminate a lease...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 5th Jun
Practice notes
Coronavirus (COVID-19)—property in ScotlandThis Practice Note introduces the key implications that property practitioners in Scotland should consider...
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5th Jun
Practice notes
Glossary of Scottish property words and expressionsThis is a glossary of common words and expressions used in Scottish property law with the nearest...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 5th Jun
Practice notes
Enforcing standard security Scotland—voluntary surrender, court proceedings and insolvency processesCoronavirus (COVID-19): During the current...
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Produced in partnership with Alistair Drummond of DLA Piper 5th Jun
Practice notes
The Lands Tribunal For Scotland (LTS)—Procedure and applications to vary or discharge title conditionsCoronavirus (COVID-19): During the current...
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Produced in partnership with Andrew Todd of Springfield Properties plc 5th Jun

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