Property Disputes in Scotland

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Practice notes
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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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
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 12th Jan
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
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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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
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
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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9th Nov
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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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
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
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
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

Most recent Property Disputes 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
Brexit: The UK's departure from the EU has implications for practitioners considering jurisdiction. This Practice Note reflects the position up to and...
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Produced in partnership with Dr Kirsty Hood QC of Themis Advocates 8th Apr
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Andrew Todd of Springfield Properties plc 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
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Gavin Deeprose and Scott Traynor of DLA Piper Scotland LLP 8th Apr
Practice notes
Members of the public are normally welcome to visit the courts and tribunals in Scotland for many reasons, including to support those involved with...
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24th Mar
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 22nd Mar
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
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 9th Mar
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 9th Mar
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 9th Mar
Practice notes
This Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note:...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 9th Mar
Practice notes
This Practice Note considers pre-action conduct in general civil disputes in Scotland. For guidance on:•pre-action conduct in Scottish personal injury...
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Produced in partnership with Euan McSherry of Aberdein Considine 9th Mar
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Fiona Cameron of Gillespie Macandrew LLP 9th Mar
Practice notes
STOP PRESS: The Prescription (Scotland) Act 2018 (P(S)A 2018) received Royal Assent on the 18 December 2018 and will be effective from a date still to...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 9th Mar
Practice notes
Assignation and sublettingAssignation and subletting are two options which a tenant may use to introduce a new tenant into the lease arrangement. The...
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Produced in partnership with Rebecca Roberts of DLA Piper Scotland LLP 9th Mar
Practice notes
Differences between leases and licences to occupyLeasesA lease in Scots law has been defined as ‘a contract by which a person, known as a tenant, is...
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Produced in partnership with Mark Davenport of DLA Piper 9th Mar
Practice notes
The main remedies available in the context of landlord and tenant disputes in Scotland are:•Interdict•Specific implement•Payment action•Damages...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 9th Mar
Practice notes
This Practice Note examines the issues surrounding alterations and improvements to property in Scotland subject to a commercial lease. Consent and...
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Produced in partnership with Mark Davenport of DLA Piper 9th Mar
Practice notes
MissivesThe most common form of contract in Scottish property transactions are missives of sale, see for example, the Property Standardisation (PSG)...
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Produced in partnership with Alistair Drummond, Tony Holloran, Vladimir Kucera and Scott Traynor of DLA Piper Scotland LLP 9th Mar

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