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

Practice notes
Real burdens in Scotland—creation and interpretationWhat are real burdens?A real burden is an encumbrance on land (the burdened property) in favour of...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 9th Aug
Practice notes
Rights to buy affecting land in Scotland—snapshotThis Practice Note sets out brief details in the table below of the existing community rights to buy...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 9th Aug
Practice notes
Legal due diligence in Scottish commercial property acquisitionsThe purpose of due diligenceDue diligence (the process by which information about the...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 9th Aug
Practice notes
Part 2 community right to buy and asset transfer requests in ScotlandThis Practice Note covers two of the existing community rights to buy in...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 9th Aug
Practice notes
Servitudes in ScotlandRequirements for a servitudeServitudes are subordinate real rights over a property (the burdened property) for the benefit of...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 9th Aug
Practice notes
Flooding issues in property transactions—ScotlandThis Practice Note considers the law and policy surrounding flooding in Scotland:•providing an...
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Produced in partnership with Jamie Whittle of R&R Urquhart 9th Aug
Practice notes
Real burdens in Scotland—enforcement and extinctionEnforcing real burdens, title and interestWho can enforce real burdens?A real burden may be...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 9th Aug
Practice notes
Deeds of conditions and development management schemes in ScotlandBackground to deeds of conditions and development management scheme (DMS)Where land...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 9th Aug
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...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 9th Aug
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...
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31st Jul
Practice notes
Suspensive conditions in missives transferring Scottish propertyCoronavirus (COVID-19): Due to the effects and impact of coronavirus (COVID-19),...
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Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 31st Jul
Practice notes
Scotland: gratuitous alienations by individual debtorsFor any insolvency process to operate effectively, it is essential the person appointed to...
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Produced in partnership with James Lloyd of Harper Macleod LLP 30th Jul

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