The Registers of Scotland The Registers of Scotland (ROS) is the Scottish Government Agency responsible for looking after a range of registers, most notably the register...
Agricultural tenants’ right to buy An agricultural tenant’s right to buy was introduced by the Agricultural Holdings (Scotland) Act 2003. It is a ‘pre-emptive’ right...
In property transactions the person buying, leasing or taking security over a property will check the title for the property before they proceed with the transaction....
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use roads and footpaths...
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 in which it is...
Background to deeds of conditions and development management scheme (DMS) Where land is developed with a number of residential or commercial units which will be sold off...
The viability and success of a development site depends on obtaining satisfactory answers to a range of legal and practical questions. While attention tends to focus on...
Produced in partnership with Pamela Todd, Partner of Harper Macleod LLP Suggested email to arrange counterpart completion with other solicitors SUBJECT: [Transaction Name...
Produced in partnership with Pamela Todd, Partner of Harper Macleod LLP SUBJECT: [Transaction Name OR Details] – Signing of [Name of Document] As you know, the parties...
What is a suspensive condition? A suspensive condition suspends the obligation on either party to a contract to perform that contract until such time as the suspensive...
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 1995), and • the...
This Practice Note considers the law and policy surrounding flooding in Scotland: • providing an overview of legislation and policy and the Flood Risk Management...
STOP PRESS: The Right to Buy Land to Further Sustainable Development (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing)...
This Practice Note considers controls and regulatory issues protecting wildlife, habitats and landscapes in Scotland, and their potential impact and effect for developers...
STOP PRESS: The Right to Buy Land to Further Sustainable Development (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing)...
The Investment Property Forum (IPF) developed this precedent as they find that it is very common for parties to a potential property transaction to enter into an...
The Investment Property Forum (IPF) developed this precedent as they find that it is very common for parties to a potential property transaction to enter into a...
STOP PRESS: The Right to Buy Land to Further Sustainable Development (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing)...
Types of option agreement Reference is often made to ‘put’ option agreements and ‘call’ option agreements. A call option agreement is one where the buyer can call upon...
This Practice Note covers two of the existing community rights to buy in Scotland: • the community right to buy land under Part 2 of the Land Reform (Scotland) Act 2003...
STOP PRESS: The Right to Buy Land to Further Sustainable Development (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing)...
When are maintenance provisions required? Ownership of property carries with it, by definition, responsibility for maintenance of that property. The owner of property...
What are real burdens? A real burden is an encumbrance on land (the burdened property) in favour of the owner of other land (the benefited owner) in that person's...
Enforcing real burdens, title and interest Who can enforce real burdens? A real burden may be enforced by any person who has both title and interest to enforce it. The...
Produced in partnership with Emma Gray of Blackadders To: The [directors OR partnership] [Insert the Buyer’s name, address and (if applicable) company registration...
STOP PRESS: The Right to Buy Land to Further Sustainable Development (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing)...
Produced in partnership with David Small of Arnot Manderson Advocates and Ronnie Brown of Burness Paull LLP The background to land and buildings transactions tax (LBTT)...
FORTHCOMING CHANGE in relation to rates of LBTT on NPV of rent: At Scottish Budget 2020, the Scottish government introduced a 2% rate of LBTT to apply where the NPV of...
Produced in partnership with David Small of Arnot Manderson Advocates and Ronnie Brown of Burness Paull LLP FORTHCOMING CHANGE relating to PAIFs and CoACS: The Scottish...
Produced in partnership with David Small of Arnot Manderson Advocates and Ronnie Brown of Burness Paull LLP Land and buildings transaction tax (LBTT) replaced stamp duty...