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Practice notes
Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...
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9th Nov
Practice notes
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...
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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
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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9th Nov
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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9th Nov
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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9th Nov
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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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
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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9th Nov
Practice notes
Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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9th Nov
Practice notes
Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
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9th Nov
Practice notes
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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9th Nov
Precedents
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov
Practice notes
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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9th Nov
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Property in Scotland content

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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21st Jan
Practice notes
The administration of the present EU agricultural subsidy schemes in Scotland is in disarray due to multiple and ongoing failures of the computer...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 19th Jan
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
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
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
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Produced in partnership with Addleshaw Goddard 17th Jan
Practice notes
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
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Produced in partnership with Addleshaw Goddard 17th Jan
Practice notes
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
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Produced in partnership with Addleshaw Goddard 17th Jan
Practice notes
Land and buildings transaction tax (LBTT) replaced stamp duty land tax (SDLT) in Scotland with effect from 1 April 2015. This Practice Note provides...
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Produced in partnership with Ronnie Brown of Burness Paull 15th Jan
Practice notes
CORONAVIRUS (COVID-19): Revenue Scotland is not processing paper returns due to COVID-19. Agents are encouraged to make returns through SETS (the...
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Produced in partnership with Ronnie Brown of Burness Paull 15th Jan
Practice notes
CORONAVIRUS (COVID-19): the Coronavirus (Scotland) (No 2) Act 2020 received royal assent on 26 May 2020. This includes provisions at part 4 of...
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Produced in partnership with Ronnie Brown of Burness Paull 15th Jan
Practice notes
FORTHCOMING CHANGE: HMRC published a call for evidence in 2019 on ‘simplifying’ the rules on VAT partial exemption and the CGS. This considered...
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Produced in partnership with Martin Scammell 15th Jan
Practice notes
FORTHCOMING CHANGE relating to PAIFs and CoACS: The Scottish government announced in its budget 2019–2020 that it intends to introduce two reliefs...
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Produced in partnership with Ronnie Brown of Burness Paull 15th 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
Searches are an essential part of the examination of any heritable title in Scotland and no conveyance can safely settle without them. The content of...
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Produced in partnership with Gary Donaldson of Millar & Bryce 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
The purpose of due diligenceDue diligence (the process by which information about the proposed purchase is collated and assessed by the buyer's...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan

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