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...
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...
This Practice Note considers the different stages in transactions for the sale of commercial property in England and Wales compared to those in Scotland, at pre-contract,...
This Practice Note considers controls and regulatory issues protecting wildlife, habitats and landscapes in Scotland, and their potential impact and effect for developers...
Searches are an essential part of the examination of any heritable title in Scotland and no conveyance can safely settle without them. The content of a search is usually...
The purpose of due diligence Due diligence (the process by which information about the proposed purchase is collated and assessed by the buyer's advisers) enables the...
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...
This Practice Note outlines the community right to buy abandoned neglected and detrimental land under Part 3A of the Land Reform (Scotland) Act 2003 (LR(S)A 2003), and...
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...
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...
Requirements for a servitude Servitudes are subordinate real rights over a property (the burdened property) for the benefit of another property (the benefited property)...
Transactional context Historically, Scottish property lawyers have prided themselves on the swift conclusion of missives for the sale and purchase of heritable property....
This Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement imposed by court order,...