Property in Scotland

Property in Scotland guidance:

The Registers of Scotland The Registers of Scotland (ROS) is the Scottish Government Agency responsible for looking after a range of registers, most notably the register...

Practice Note

Historically almost all disputes relating to agricultural tenancy matters were referred to arbitration in the first instance. The thinking was that many issues relating...

Practice Note

Agricultural tenants’ right to buy An agricultural tenant’s right to buy was introduced by the Agricultural Holdings (Scotland) Act 2003. It is a ‘pre-emptive’ right...

Practice Note

Leasing of farmland is heavily controlled by the law. In Scotland, normal commercial leases are only affected to a moderate extent by statute, but in the case of leases...

Practice Note

STOP PRESS: The Direct Payments to Farmers (Legislative Continuity) (Scotland) (Miscellaneous Amendments) Regulations 2020, SSI 2020/18 are in force from the 31 January...

Practice Note

Produced in partnership with Mike Blair of Gillespie MacAndrew This Practice Note explains the improvements amnesty for certain types of improvements carried out in the...

Practice Note

There are important differences between agricultural tenants’ improvements and tenants’ fixtures in agricultural tenancies. This Practice Note explains these differences...

Practice Note

Diversification at common law Diversification, ie the use of a holding for a non-agricultural purpose not sanctioned by the lease, would at common law be a breach of the...

Practice Note

Common law on making alterations At common law, there is an implied obligation that a property can only be used for the purpose for which it was let, in other words the...

Practice Note

How do the AEP Regs 2016 apply to commercial property in Scotland? This note explains how the Assessment of Energy Performance of Non-domestic Buildings (Scotland)...

Practice Note

What are back letters? A back letter is a personal contractual arrangement between the granter and the grantee, ie in the context of a commercial lease, between the...

Practice Note

A lease for a term of years may contain an option for the parties or one of them to terminate the lease before the expiration of the term. This is known as a break option...

Practice Note

Types of tenancy The main private sector residential tenancies in Scotland are assured and short assured tenancies. The main difference between the two tenancies is that...

Practice Note

The Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) provides for certain maintenance provisions to be included in every tenancy under it (1991 Act Tenancies), and...

Practice Note

This Practice Note examines the issues surrounding alterations and improvements to property in Scotland subject to a commercial lease. The Practice Note does not apply to...

Practice Note

This Practice Note considers repair obligations in commercial leases in Scotland, including interpretation of repair obligations, extraordinary repairs, interim...

Practice Note

In property transactions the person buying, leasing or taking security over a property will check the title for the property before they proceed with the transaction....

Practice Note

Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use roads and footpaths...

Practice Note

What is a pre-emption? A pre-emption is a type of option to purchase—historically the most common and arguably the least complex (at least in the form in which it is...

Practice Note

Background to deeds of conditions and development management scheme (DMS) Where land is developed with a number of residential or commercial units which will be sold off...

Practice Note

The viability and success of a development site depends on obtaining satisfactory answers to a range of legal and practical questions. While attention tends to focus on...

Practice Note

Produced in partnership with Kirstie McBirnie and Beverley Wood of Morton Fraser LLP DISCHARGE by Parties 1 [insert name of Lender], a company incorporated in [England...

Precedents

Produced in partnership with Ainsley Reed and Beverley Wood of Morton Fraser LLP We, [insert name of Lender], a company incorporated in [Scotland OR England and Wales]...

Precedents

Essential features of a servitude The requirements for a valid servitude are set out in Practice Note: Servitudes in Scotland—Requirements for a servitude. Servitudes...

Practice Note

Assignation and subletting Assignation and subletting are two options which a tenant may use to introduce a new tenant into the lease arrangement. The tenant may choose...

Practice Note

Produced in partnership with Pamela Todd, Partner of Harper Macleod LLP Suggested email to arrange counterpart completion with other solicitors SUBJECT: [Transaction Name...

Precedents