Transferring property in Scotland

View Property by content type:

Latest Property News

Featured Property content

Practice notes
What is a profit à prendre?A profit à prendre is the right to take the products of natural growth from the land of another. Examples of profits...
Read More >
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...
Read More >
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...
Read More >
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]...
Read More >
19th May
Practice notes
What is an unincorporated association?In Koeppler, an unincorporated association was described as ‘an association of persons bound together by...
Read More >
19th May
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...
Read More >
19th May
Practice notes
Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
Read More >
19th May
Practice notes
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
Read More >
19th May
Practice notes
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
Read More >
19th May
Practice notes
A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
Read More >
19th May
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
Read More >
19th May
Practice notes
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants and their guarantors for rent and service charge...
Read More >
19th May
Practice notes
This Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including priority searches (OS1...
Read More >
19th May
Practice notes
In the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent to alterations outside the...
Read More >
19th May

Most recent Transferring property in Scotland content

Practice notes
Scotland: gratuitous alienations by individual debtorsFor any insolvency process to operate effectively, it is essential the person appointed to...
Read More >
Produced in partnership with James Lloyd of Harper Macleod LLP 28th Jul
Precedents
Style party designation and execution clauses—property—Scotland1Individual1.1Individual or sole trader party designation clause[insert full name of...
Read More >
Produced in partnership with Rachel Oliphant of Pinsent Masons 27th Jul
Practice notes
Coronavirus (COVID-19)—property in ScotlandThis Practice Note introduces the key implications that property practitioners in Scotland should consider...
Read More >
20th 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...
Read More >
Produced in partnership with Rachel Oliphant of Pinsent Masons 14th Jul
Practice notes
Key differences in the law of contract between Scots and English lawScots contract law has in many ways become similar to its English counterpart...
Read More >
Produced in partnership with Morton Fraser 6th Jul
Practice notes
VAT—capital goods schemeFORTHCOMING CHANGE: HMRC published a call for evidence in 2019 on ‘simplifying’ the rules on VAT partial exemption and the...
Read More >
Produced in partnership with Martin Scammell 29th Jun
Practice notes
Scotland: Land and buildings transaction tax (LBTT)—the basicsLand and buildings transaction tax (LBTT) replaced stamp duty land tax (SDLT) in...
Read More >
Produced in partnership with Ronnie Brown of Burness Paull 23rd Jun
Practice notes
Guide to the differences between a commercial property sale transaction in Scotland and England and WalesThis Practice Note considers the different...
Read More >
Produced in partnership with Rachel Oliphant of Pinsent Masons 22nd Jun
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?...
Read More >
6th Jun
Practice notes
Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...
Read More >
6th Jun
Q&As
What are the risks faced by the grantee of an option over land in Scotland and how can these be mitigated?Reference is often made to ‘put’ option...
Read More >
6th Jun
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...
Read More >
5th Jun
Practice notes
A guide to land registration and the sasine register in ScotlandCoronavirus (COVID-19): The Coronavirus (Scotland) Act 2020 (C(S)A 2020) introduced...
Read More >
Produced in partnership with Gary Donaldson of Millar & Bryce 5th Jun
Practice notes
Agricultural holdings in Scotland—certain tenants’ right to buyAgricultural tenants’ right to buyAn agricultural tenant’s right to buy was introduced...
Read More >
Produced in partnership with Mike Blair of Gillespie Macandrew LLP 5th Jun
Practice notes
Options to purchase property—ScotlandCoronavirus (COVID-19): Developers will need to consider the impact of coronavirus (COVID-19) on timescales to...
Read More >
Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 5th Jun
Practice notes
Real burdens dealing with maintenance obligations in ScotlandWhen are maintenance provisions required?Ownership of property carries with it, by...
Read More >
Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 5th Jun
Practice notes
Investigating title in Scotland—searches and enquiries—the basicsSearches are an essential part of the examination of any heritable title in Scotland...
Read More >
Produced in partnership with Gary Donaldson of Millar & Bryce 5th Jun
Practice notes
Dealing with rights of pre-emption on transfer of property in ScotlandWhat is a pre-emption?A pre-emption is a type of option to purchase—historically...
Read More >
Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 5th Jun
Practice notes
The Electronic Communications Code—ScotlandThis Practice Note sets out the extent of the new Electronic Communications Code (the ‘EC Code’) rights,...
Read More >
Produced in partnership with Alistair Drummond and Sandie Wang of DLA Piper Scotland 5th Jun
Practice notes
Real burdens in Scotland—enforcement and extinctionEnforcing real burdens, title and interestWho can enforce real burdens?A real burden may be...
Read More >
Produced in partnership with Rachel Oliphant of Pinsent Masons 5th Jun

Popular documents