Property in Scotland

Explore detailed insights and practical guidance tailored for legal professionals handling property transactions, disputes, and legislation in Scotland. This dedicated resource is designed to enhance your expertise, offering up-to-date information, strategic advice, and actionable steps to navigate the unique landscape of Scottish property law effectively. Stay informed on legal developments, best practices, and procedural nuances crucial to delivering exceptional client service in the Scottish property sector.

View Property by content type:

News
Practice notes
Precedents
Q&As

Sub Topics We Cover

Agricultural holdings in Scotland Commercial leases and property management in Scotland Environment energy and buildings in Scotland Land and buildings transaction tax Property Disputes in Scotland Real estate finance in Scotland Residential tenancies in Scotland Transferring property in Scotland

Latest Property News

HM Land Registry updates Practice Guide 82

HM Land Registry updates Practice Guide 82
Welsh Government introduces Building Safety Bill with new regulatory regime

Welsh Government introduces Building Safety Bill with new regulatory regime
Welsh Government publishes response to Grenfell Tower Inquiry Phase 2 report

Welsh Government publishes response to Grenfell Tower Inquiry Phase 2 report
Court of Appeal confirms property requiring renovation was ‘suitable for use as a dwelling’ for SDLT purposes (Mudan and another v HMRC)

Court of Appeal confirms property requiring renovation was ‘suitable for use as a dwelling’ for SDLT purposes (Mudan and another v HMRC)

The following Tax news provides comprehensive and up to date legal information on Court of Appeal confirms property requiring renovation was ‘suitable for use as a dwelling’ for SDLT purposes (Mudan and another v HMRC)

Featured Property content

Severance of a joint tenancy

Severance of a joint tenancy

Severance of a joint tenancySeverance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence...

What is a certificate of title?

What is a certificate of title?

What is a certificate of title?A certificate of title (also known as a certificate on title) is a particular species of report on title.When...

Indemnity covenants in property transfers

Indemnity covenants in property transfers

Indemnity covenants in property transfersThis Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general...

Resulting trusts

Resulting trusts

Resulting trustsResulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are...

Practice notes

Reversionary leases

Reversionary leasesReversionary leases (or future leases) are granted to take effect in possession at a future date. This Practice Note looks at:•when...
Read More >
2nd Jun
Practice notes

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisionsThe Standard Conditions of Sale (SCS), currently in their...
Read More >
30th May
Practice notes

Carrying out bankruptcy searches at the Land Charges Department

Carrying out bankruptcy searches at the Land Charges DepartmentIntroductionThis Practice Note looks at the circumstances in which a bankruptcy search...
Read More >
30th May
Practice notes

Easements—LPA 1925, s 62 and permissions

Easements—LPA 1925, s 62 and permissionsSection 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device....
Read More >
30th May
tag iconIn-house
Practice notes

Land registration—overriding interests, occupiers and interests which have lost overriding status

Occupiers and overriding interestsOverriding interests are interests which are binding on property even though they are not shown on the register....
Read More >
30th May
Practice notes

Lease surrenders

Lease surrendersWhat is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant to bring the lease to an end...
Read More >
2nd Jun
Q&As

A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the chargor?

A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the...
Read More >
30th May
Practice notes

Profits à prendre

Profits à prendreIntroduction — what is a profit à prendre?A profit à prendre is the right to take natural resources from another person’s land....
Read More >
30th May
Practice notes

Implied easements—common law

Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in...
Read More >
30th May
Practice notes

Overreaching—sales by trustees of land

Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
Read More >
2nd Jun
Practice notes

Pre-completion searches

Pre-completion searchesThis Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including...
Read More >
2nd Jun
Practice notes

Cautions against first registration

Cautions against first registrationA caution against first registration (referred to as a ‘caution’ throughout this Practice Note) is a means of...
Read More >
2nd Jun
Practice notes

Land charges under the Land Charges Act 1972—registration and purpose

Land charges—registration and purposeLand charges are registered to protect the interests, in unregistered land, of a person who does not hold the...
Read More >
30th May
Practice notes

Sub-sales and assignments

Sub-sales and assignmentsA sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell...
Read More >
30th May
Precedents

Deed of easement—right to lay and maintain a drain

Deed of easement—right to lay and maintain a drainThis Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [of...
Read More >
2nd Jun
News

Revocable rights over common parts had to be made irrevocable on enfranchisement (4-6 Trinity Church Square v The Corporation of Trinity House)

...
Read More >
2nd Jun

Popular documents

Servitudes in Scotland

Servitudes in ScotlandRequirements for a servitudeServitudes are subordinate real rights over a property (the burdened property) for the benefit of another property (the benefited property) which may be exercised by the owner of the benefited property, their tenants and invitees. These include eg

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit