Transferring property in Scotland

Transferring property in Scotland guidance:

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...

Practice Note

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...

Practice Note

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....

Practice Note

This table below contains an archive of news analysis on Scotland and Scots law developments of general application and those which affect various practice areas that has...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

Produced in partnership with Pamela Todd, Partner of Harper Macleod LLP Suggested email to arrange counterpart completion with other solicitors SUBJECT: [Transaction Name...

Precedents

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...

Precedents

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...

Practice Note

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...

Practice Note

This Practice Note considers the law and policy surrounding flooding in Scotland: • providing an overview of legislation and policy and the Flood Risk Management...

Practice Note

STOP PRESS: The Right to Buy Land to Further Sustainable Development (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing)...

Practice Note

This Practice Note considers controls and regulatory issues protecting wildlife, habitats and landscapes in Scotland, and their potential impact and effect for developers...

Practice Note

STOP PRESS: The Right to Buy Land to Further Sustainable Development (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing)...

Practice Note

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...

Precedents

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...

Precedents

STOP PRESS: The Right to Buy Land to Further Sustainable Development (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing)...

Practice Note

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...

Practice Note

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...

Practice Note

STOP PRESS: The Right to Buy Land to Further Sustainable Development (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing)...

Practice Note

When are maintenance provisions required? Ownership of property carries with it, by definition, responsibility for maintenance of that property. The owner of property...

Practice Note

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...

Practice Note

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...

Practice Note

Produced in partnership with Emma Gray of Blackadders STOP PRESS: The Right to Buy Land to Further Sustainable Development (Eligible Land, Specified Types of Area and...

Precedents

EXCEPTION LEASE REPORT Premises: [insert description] Tenant: [insert name] This exception lease report has been prepared in connection with your proposed purchase of...

Precedents

Produced in partnership with Emma Gray of Blackadders Executive summary of material issues We draw your attention to the following: • [Insert material issue or area of...

Precedents

This Practice Note sets out brief details in the table below of the existing community rights to buy in Scotland: • the community right to buy land under Part 2 of the...

Practice Note

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)...

Practice Note
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