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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
Precedents
This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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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
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
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
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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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 Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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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
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
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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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 Environment energy and buildings 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
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
This Practice Note considers the law and policy surrounding flooding in Scotland:•providing an overview of legislation and policy and the Flood Risk...
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Produced in partnership with Jamie Whittle of R&R Urquhart 9th Mar
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 9th Mar
Practice notes
This Practice Note considers controls and regulatory issues protecting wildlife, habitats and landscapes in Scotland, and their potential impact and...
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Produced in partnership with Jamie Whittle of R&R Urquhart 9th Mar
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 9th Mar
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 9th Mar

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