Agricultural holdings in Scotland

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Practice notes
Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...
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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
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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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
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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9th Nov
Practice notes
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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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 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
The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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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
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
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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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
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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9th Nov
Practice notes
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov

Most recent Agricultural holdings 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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14th Apr
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 8th Apr
Practice notes
This is a glossary of common words and expressions used in Scottish property law with the nearest England and Wales equivalent (where relevant) and...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 8th Apr
Practice notes
This Practice Note introduces the key implications that property practitioners in Scotland should consider in relation to the coronavirus pandemic,...
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19th Mar
Practice notes
The Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) provides for certain maintenance provisions to be included in every tenancy under it (1991...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 9th Mar
Practice notes
This Practice Note explains the improvements amnesty for certain types of improvements carried out in the past by tenants on let farms in Scotland,...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 9th Mar
Practice notes
Historically almost all disputes relating to agricultural tenancy matters were referred to arbitration in the first instance. The thinking was that...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 9th Mar
Practice notes
A lease of agricultural property may often contain a clause entitling the landlord to resume part of the land in certain circumstances. In the case of...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 9th Mar
Practice notes
STOP PRESS: Land Reform (Scotland) Act 2016 (Commencement No 12) Regulations 2020, SSI 2020/428 bring into force sections 110 and 111 of the Land...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 9th Mar
Practice notes
Most 2003 Act Tenancies, (SLDTs, LDTs, MLDTs and when the relevant provisions come into force, repairing tenancies) at present are running on their...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 9th Mar
Practice notes
Contractual and statutory basis of rent review and time intervalsTenants under 1991 Act Tenancies benefit from substantial security of tenure and...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 9th Mar
Practice notes
There are important differences between agricultural tenants’ improvements and tenants’ fixtures in agricultural tenancies. This Practice Note...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 9th Mar
Practice notes
This Practice Note sets out the grounds and availability of irritancy in 1991 Act Tenancies and 2003 Act Tenancies being:.•short limited duration...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 9th Mar
Practice notes
Diversification at common lawDiversification, ie the use of a holding for a non-agricultural purpose not sanctioned by the lease, would at common law...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 9th Mar
Practice notes
Agricultural tenants’ right to buyAn agricultural tenant’s right to buy was introduced by the Agricultural Holdings (Scotland) Act 2003. It is a...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 9th Mar
Precedents
Parties1[insert full name of party], residing at [insert address] (together with their successors hereinafter together referred to as the Landlord);...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 8th Jan
Precedents
Parties1[insert full name of party], residing at [insert address] (together with their successors as landlord under this Lease), are hereinafter...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 8th Jan

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