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Practice notes
The principle of subrogationSubrogation is the right of an insurer, once it has made payment to its insured for loss covered by an insurance policy,...
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19th May
Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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19th May
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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19th May
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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19th May
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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19th May
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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19th May
Practice notes
Apportioning service charge—the standard conditionsIn sales of investment properties where there are often many occupational tenancies with rental,...
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19th May
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 19th May
Q&As
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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19th May
Precedents
Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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19th May
Practice notes
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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19th May
Q&As
The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May
Practice notes
Compulsory first registrationThe buyer of an unregistered freehold or lease with more than seven years unexpired (ie a qualifying estate) has a...
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19th May
Precedents
Date: [date]Parties1[name of Owner] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...
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19th May
Practice notes
What is a pre-emption?A pre-emption is a type of option to purchase—historically the most common and arguably the least complex (at least in the form...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May

Most recent Environment energy and buildings in Scotland content

Practice notes
Coronavirus (COVID-19)—property in ScotlandThis Practice Note introduces the key implications that property practitioners in Scotland should consider...
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20th Jul
Practice notes
Glossary of Scottish property words and expressionsThis is a glossary of common words and expressions used in Scottish property law with the nearest...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 14th Jul
Practice notes
Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...
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6th Jun
Practice notes
Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 and action plans for commercial property in ScotlandHow do the...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 5th Jun
Practice notes
Flooding issues in property transactions—ScotlandThis Practice Note considers the law and policy surrounding flooding in Scotland:•providing an...
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Produced in partnership with Jamie Whittle of R&R Urquhart 5th Jun
Practice notes
Energy Performance Certificates (EPCs) for commercial property in ScotlandHow do EPCs apply to commercial property in Scotland?This Practice Note...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 5th Jun
Practice notes
Habitats, wildlife and landscape issues for developers and landowners in ScotlandThis Practice Note considers controls and regulatory issues...
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Produced in partnership with Jamie Whittle of R&R Urquhart 5th Jun
Practice notes
Inspection of air conditioning systems in ScotlandWhere do the requirements for air conditioning inspections come from?Section 2 of Building...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 5th Jun

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