Property Disputes in Scotland

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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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19th May
Precedents
Property: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable) company registration number of...
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19th May
Practice notes
Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
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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
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
Q&As
Should an indemnity covenant in a transfer deed (TR1) require the transferee to indemnify 'the transferor's estate and effects' as well as the...
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19th May
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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19th May
Practice notes
Land charges are registered to protect the interests, in unregistered land, of a person who does not hold the title deeds and thus cannot physically...
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19th May
Precedents
EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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19th May
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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19th May
Practice notes
Merger may determine a lease when both the lease and the reversion on that lease become vested in the same person and that person holds both interests...
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19th May
Practice notes
The role of a real estate lawyer in real estate finance transactionsIn both investment and development real estate finance transactions (REF...
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Produced in partnership with Kelly Myles 19th May
Practice notes
The terms ‘mortgage’ and ‘charge’ are often used as though they are interchangeable. Strictly speaking, they are not. Both are security for the...
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19th May
Practice notes
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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19th May

Most recent Property Disputes in Scotland content

Practice notes
Scotland: gratuitous alienations by individual debtorsFor any insolvency process to operate effectively, it is essential the person appointed to...
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Produced in partnership with James Lloyd of Harper Macleod LLP 28th Jul
Practice notes
Scotland: dealing with the debtor's home in sequestrationIn the majority of sequestrations where the debtor has assets these will include the debtor's...
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Produced in partnership with James Lloyd of Harper Macleod LLP 28th Jul
Practice notes
Scotland: the process for applying for sequestrationFor the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit...
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Produced in partnership with James Lloyd of Harper Macleod LLP 27th Jul
Practice notes
Jurisdiction in Scottish civil litigationBrexit: The UK's departure from the EU has implications for practitioners considering which courts have...
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Produced in partnership with Dr Kirsty Hood QC of Themis Advocates 27th Jul
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
Q&As
Under the new Electronic Communications Code, to what extent can a purchaser of land in Scotland rely on a termination notice served by the seller on...
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Produced in partnership with Hugh Olson of Arnot Manderson Advocates 5th Jun
Practice notes
Commercial property service charge disputes—ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice...
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Produced in partnership with Gavin Deeprose of DLA Piper 5th Jun
Practice notes
The Electronic Communications Code—ScotlandThis Practice Note sets out the extent of the new Electronic Communications Code (the ‘EC Code’) rights,...
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Produced in partnership with Alistair Drummond and Sandie Wang of DLA Piper Scotland 5th Jun
Practice notes
Surrender (renunciation) of leases in ScotlandDefault positionBilateral surrender (or renunciation as it is referred to under Scots law) is the method...
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Produced in partnership with Alistair Drummond and Struan Brock of DLA Piper Scotland 5th Jun
Practice notes
Licences to occupy commercial premises in ScotlandDifferences between leases and licences to occupyLeasesA lease in Scots law has been defined as ‘a...
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Produced in partnership with Mark Davenport of DLA Piper 5th Jun
Practice notes
Breach of Missives—remedies in ScotlandMissivesThe most common form of contract in Scottish property transactions are missives of sale, see for...
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Produced in partnership with Alistair Drummond, Tony Holloran, Vladimir Kucera and Scott Traynor of DLA Piper Scotland LLP 5th Jun
Practice notes
Property disputes in Scotland—common law and statutory nuisanceThe most common types of delict to arise in property disputes are negligence, nuisance...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 5th Jun
Practice notes
Disputes concerning servitudes in ScotlandEssential features of a servitudeThe requirements for a valid servitude are set out in Practice Note:...
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Produced in partnership with Seb Galastro of DLA Piper Scotland LLP 5th Jun
Practice notes
Keep open clauses in Scotland—drafting and enforcementCoronavirus (COVID-19): Various local and national lockdown measures have required some...
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Produced in partnership with Jennifer Guy of Brodies LLP 5th Jun
Practice notes
Recovering rent, arrears and rates considerations in ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 5th Jun
Practice notes
First Tier Tribunal for Scotland (housing and property chamber)Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes...
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Produced in partnership with Fiona Cameron of Gillespie Macandrew LLP 5th Jun
Practice notes
Property disputes in Scotland—negligence and trespassThe most common types of delict to arise in property disputes are negligence, nuisance and...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 5th Jun

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