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...
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...
This Practice Note deals with amendments to the register of town and village greens (TVGs) by way of correction, rectification and deregistration in...
Importance of common landDefra guidance advises that common land can deliver a range of benefits including:•economic—grazing livestock, employment and...
What is common land?The term ‘common land’ usually includes all land which is subject to rights of common, ie the rights which one or more ‘commoners’...
The existence of a town or village green (TVG) may restrict or even prevent development. It is a criminal offence to disturb or interfere with the use...
For the purposes of this Q&A, we assume that the rights the seller has registered in the commons register are rights of common.Case studyThe buyer of...
Sign-in
Help
Scottish Law
