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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
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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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
Practice notes
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
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9th Nov
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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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
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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9th Nov
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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9th Nov
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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9th Nov
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
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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9th Nov
Practice notes
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...
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9th Nov
Practice notes
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...
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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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10th May
Practice notes
For any insolvency process to operate effectively, it is essential the person appointed to wind-up the insolvent estate has powers that enable them to...
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Produced in partnership with James Lloyd of Harper Macleod 10th May
Practice notes
In the majority of sequestrations where the debtor has assets these will include the debtor's home (see Practice Note: Scotland: the process for...
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Produced in partnership with James Lloyd of Harper Macleod LLP 10th May
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 10th May
Practice notes
This Practice Note sets out the extent of the new Electronic Communications Code (the ‘EC Code’) rights, how they arise—(ie by agreement made between...
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Produced in partnership with Alistair Drummond and Sandie Wang of DLA Piper Scotland 6th May
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 30th Apr
Practice notes
Coronavirus (COVID-19): Various local and national lockdown measures have required some commercial premises to close. Consideration should be given to...
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Produced in partnership with Jennifer Guy of Brodies LLP 29th Apr
Practice notes
This Practice Note considers enforcement in Scotland. For guidance on:•other aspects of Scottish civil litigation, see: Preliminary and ongoing...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 28th Apr
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 28th Apr
Practice notes
How do the AEP Regs 2016 apply to commercial property in Scotland?This note explains how the Assessment of Energy Performance of Non-domestic...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 28th Apr
Practice notes
How do EPCs apply to commercial property in Scotland?This Practice Note looks at how the Energy Performance of Buildings (Scotland) Regulations 2008...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 28th Apr
Practice notes
Where do the requirements for air conditioning inspections come from?Section 2 of Building (Scotland) Act 2003 (Bu(S)A 2003) and Regulation 17 of the...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 28th Apr
Practice notes
This Practice Note provides guidance on how the Scottish civil courts are responding to and operating during the coronavirus (COVID-19) pandemic,...
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26th Apr
Practice notes
Enforcing real burdens, title and interestWho can enforce real burdens?A real burden may be enforced by any person who has both title and interest to...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 26th Apr
Practice notes
This Practice Note sets out the law on rent and rent review provisions in commercial leases in Scotland. For contentious aspects of rent and rent...
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Produced in partnership with David William John Bell of Harper Macleod LLP 22nd Apr
Practice notes
This Practice Note considers repair obligations in commercial leases in Scotland, including interpretation of repair obligations, extraordinary...
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Produced in partnership with Lorna Richardson of The University of Edinburgh, David William John Bell of Harper Macleod and Jennifer Talbot of DLA 21st Apr
Practice notes
Common law on making alterationsAt common law, there is an implied obligation that a property can only be used for the purpose for which it was let,...
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Produced in partnership with David William John Bell of Harper Macleod LLP 21st Apr
Practice notes
This Practice Note considers the landlord’s obligation to repair under common law, how that is usually modified in repairing clauses found in full...
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Produced in partnership with Lorna Richardson of The University of Edinburgh, David William John Bell of Harper Macleod 20th Apr
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 19th Apr
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 19th Apr

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