Real estate finance in Scotland

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Practice notes
A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...
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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
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
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
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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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 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
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
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
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
Practice notes
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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9th Nov
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Real estate finance in Scotland content

Precedents
DISCHARGEbyParties1[insert name of Lender], a company incorporated in [England and Wales OR Scotland] with registered number [insert company number]...
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Produced in partnership with Kirstie McBirnie and Beverley Wood of Morton Fraser LLP 14th Apr
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
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
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Produced in partnership with Addleshaw Goddard 8th Apr
Practice notes
Loan market and developmentsOverviewGenerally speaking, the loan market in Scotland has much in common with the loan market in England. Financial...
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Produced in partnership with Shepherd and Wedderburn 8th Apr
Practice notes
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
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Produced in partnership with Addleshaw Goddard 8th Apr
Practice notes
This Practice Note highlights the practical differences between legal entities in Scotland and legal entities in England and Wales. It also covers the...
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Produced in partnership with Shepherd and Wedderburn 8th Apr
Practice notes
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
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8th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 8th Apr
Practice notes
The rules regarding execution of documents governed by the laws of Scotland are contained in:•the Requirements of Writing (Scotland) Act 1995 (RW(S)A...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 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
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
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 Alistair Drummond of DLA Piper 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 Alistair Drummond of DLA Piper 9th Mar
Q&As
The Land Reform (Scotland) Act 2016 (Commencement No 11) Regulations 2020, SSI 2020/383 bring sections 39 and 128 of the Land Reform (Scotland) Act...
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9th Feb
Q&As
The Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (LW(CD)(S)A 2015) provides for the execution of documents in counterpart in...
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8th Feb
Precedents
We, [insert name of Lender], a company incorporated in [Scotland OR England and Wales] under the Companies Acts with Registered Number [insert company...
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Produced in partnership with Ainsley Reed and Beverley Wood of Morton Fraser LLP 4th Feb

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