Real estate finance in Scotland

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Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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19th May
Practice notes
Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...
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19th May
Precedents
DateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...
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19th May
Practice notes
This Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general content on indemnities, see Practice Note:...
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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
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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19th May
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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19th May
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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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
Precedents
1Change of control1.1In this clause the following definitions apply:Authorised Controller[s]•[[name] [of OR incorporated in England and Wales with...
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19th May
Practice notes
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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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
What is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant that the lease will determine before the end of...
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19th May
Practice notes
An employee who lives in premises owned by their employer in order to perform their duties as an employee and who has exclusive possession of those...
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19th May
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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19th May

Most recent Real estate finance in Scotland content

Q&As
Scotland—will there be guidance from the Registers of Scotland about how the Register of Persons Holding a Controlled Interest in Land will work in...
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1st Aug
Q&As
Scotland—can a disposition which is being granted by two sellers who are co-owners be signed in counterpart each owner signing a separate counterpart?...
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1st Aug
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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1st Aug
Practice notes
Enforcing standard security Scotland—default events, creditor’s rights and service of noticesCoronavirus (COVID-19): During the current pandemic,...
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Produced in partnership with Alistair Drummond of DLA Piper 31st 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 31st 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 31st Jul
Practice notes
Enforcing standard security Scotland—voluntary surrender, court proceedings and insolvency processesCoronavirus (COVID-19): During the current...
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Produced in partnership with Alistair Drummond of DLA Piper 31st 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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30th Jul
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 30th Jul
Precedents
Discharge of Standard SecurityWe, [insert name of Lender], a company incorporated in [Scotland OR England and Wales] under the Companies Acts with...
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Produced in partnership with Ainsley Reid of Morton Fraser and Beverley Wood of Morton Fraser 30th Jul
Precedents
Discharge of floating charge—single Scottish company security provider—full releaseDISCHARGEbyParties1[insert name of Lender], a company incorporated...
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Produced in partnership with Kirstie McBirnie and Beverley Wood of Morton Fraser LLP 30th Jul
Practice notes
Virtual execution under Scots lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 30th Jul
Practice notes
Key differences relating to legal entities under Scots lawThis Practice Note highlights the practical differences between legal entities in Scotland...
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Produced in partnership with Shepherd and Wedderburn 30th Jul
Practice notes
Taking security under Scots lawSTOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is...
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Produced in partnership with Addleshaw Goddard 30th Jul
Practice notes
Execution of documents under Scots lawThe rules regarding execution of documents governed by the laws of Scotland are contained in:•the Requirements...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 30th Jul
Practice notes
Taking security over land and buildings—differences between Scots and English lawSTOP PRESS—Coronavirus (COVID-19) and registration of charges at...
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Produced in partnership with Addleshaw Goddard 30th Jul
Practice notes
Floating charges—differences between Scots and English lawSTOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The...
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30th Jul
Practice notes
Scotland—cross border banking and finance guideLoan market and developmentsOverviewGenerally speaking, the loan market in Scotland has much in common...
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Produced in partnership with Shepherd and Wedderburn 30th Jul

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