Transferring property in Scotland

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Practice notes
A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
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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...
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19th May
Practice notes
What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
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19th May
Practice notes
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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19th May
Q&As
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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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...
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19th May
Practice notes
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...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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19th May
Precedents
Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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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...
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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...
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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
Precedents
EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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19th May
Q&As
The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 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

Most recent Transferring property in Scotland content

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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10th Aug
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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10th Aug
Precedents

Report on title—occupational lease

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Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 10th Aug
Precedents
Investment Property Forum (IPF) standard NDA—ScotlandThe Investment Property Forum (IPF) developed this precedent as they find that it is very common...
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10th Aug
Precedents
Investment Property Forum (IPF) standard exclusivity agreement (EA)—ScotlandThe Investment Property Forum (IPF) developed this precedent as they find...
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10th Aug
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...
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Produced in partnership with Gary Donaldson of Millar & Bryce 10th Aug
Practice notes
Developing property in Scotland—site acquisition and vacant possessionBrexit: As of exit day (31 January 2020) the UK is no longer an EU Member State....
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 10th Aug
Practice notes
Drafting suspensive conditions in missives in ScotlandCoronavirus (COVID-19): Due to the effects and impact of coronavirus (COVID-19), consideration...
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Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 10th Aug
Practice notes
Guide to the differences between a commercial property sale transaction in Scotland and England and WalesThis Practice Note considers the different...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 10th Aug
Practice notes
Investigating title in Scotland—searches and enquiries—the basicsSearches are an essential part of the examination of any heritable title in Scotland...
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Produced in partnership with Gary Donaldson of Millar & Bryce 10th Aug
Practice notes
Part 3A right to buy abandoned etc land and Part 5 right to buy land to further sustainable development in ScotlandThis Practice Note outlines the...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 10th Aug
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...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 10th Aug
Practice notes
Habitats, wildlife and landscape issues for developers and landowners in ScotlandThis Practice Note considers controls and regulatory issues...
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Produced in partnership with Jamie Whittle of R&R Urquhart 10th Aug
Practice notes
Real burdens dealing with maintenance obligations in ScotlandWhen are maintenance provisions required?Ownership of property carries with it, by...
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Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 10th Aug
Practice notes
Dealing with rights of access in property transactions—ScotlandOwnership, leasing or any other permitted use of land normally requires access to it to...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 10th Aug
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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10th Aug
Practice notes
Options to purchase property—ScotlandCoronavirus (COVID-19): Developers will need to consider the impact of coronavirus (COVID-19) on timescales to...
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Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 10th Aug
Practice notes
Agricultural holdings in Scotland—certain tenants’ right to buyAgricultural tenants’ right to buyAn agricultural tenant’s right to buy was introduced...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 10th Aug
Practice notes
Comparison of priority periods in England (official search with priority) against protected period in Scotland (advance notice)In property...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 10th Aug
Practice notes
The Electronic Communications Code—ScotlandThis Practice Note sets out the extent of the new Electronic Communications Code (the ‘EC Code’) rights,...
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Produced in partnership with Alistair Drummond and Sandie Wang of DLA Piper Scotland 10th Aug

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