Property in Scotland

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Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
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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9th Nov
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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9th Nov
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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9th Nov
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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9th Nov
Precedents
This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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9th Nov
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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9th Nov
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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9th Nov
Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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9th Nov
Practice notes
The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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9th Nov
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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9th Nov
Precedents
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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9th Nov
Practice notes
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov

Most recent Property in Scotland content

Precedents
DISCHARGEbyParties1[insert name of Lender], a company incorporated in [England and Wales OR Scotland] with registered number [insert company number]...
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Produced in partnership with Kirstie McBirnie and Beverley Wood of Morton Fraser LLP 4th Feb
Precedents
We, [insert name of Lender], a company incorporated in [Scotland OR England and Wales] under the Companies Acts with Registered Number [insert company...
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Produced in partnership with Ainsley Reed and Beverley Wood of Morton Fraser LLP 4th Feb
Practice notes
FORTHCOMING CHANGE relating to PAIFs and CoACS: The Scottish government announced in its budget 2019–2020 that it intends to introduce two reliefs...
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Produced in partnership with Ronnie Brown of Burness Paull 3rd Feb
Practice notes
Coronavirus (COVID-19): Developers will need to consider the impact of coronavirus (COVID-19) on timescales to obtain planning and all necessary...
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Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 1st Feb
Practice notes
Coronavirus (COVID-19): Due to the effects and impact of coronavirus (COVID-19), consideration should be given to all longstop dates when drafting and...
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Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 1st Feb
Practice notes
Coronavirus (COVID-19): Due to the effects and impact of coronavirus (COVID-19), consideration should be given to all longstop dates when drafting and...
Read More >
Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 1st Feb
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Gavin Deeprose and Scott Traynor of DLA Piper Scotland LLP 1st Feb
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 1st Feb
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
Read More >
Produced in partnership with Gavin Deeprose of DLA Piper 1st Feb
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Fiona Cameron of Gillespie Macandrew LLP 1st Feb
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Alistair Drummond of DLA Piper 1st Feb
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
Read More >
Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 1st Feb
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
Read More >
Produced in partnership with Alistair Drummond of DLA Piper 1st Feb
Practice notes
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...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 1st Feb
Practice notes
This Practice Note highlights the practical differences between legal entities in Scotland and legal entities in England and Wales. It also covers the...
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Produced in partnership with Shepherd and Wedderburn 27th Jan
Practice notes
Scots contract law has in many ways become similar to its English counterpart despite their different roots. Some English law concepts, such as undue...
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Produced in partnership with Morton Fraser LLP 27th Jan
Precedents
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 27th Jan
Precedents
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
Read More >
Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 27th Jan
Precedents
Coronavirus (COVID-19): This Style has been updated to include an optional suspensive condition related to financial viability—clause 2.1.8.Extreme...
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Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 27th Jan
Practice notes
This Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note:...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 26th Jan

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