Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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...
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...
[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]...
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...
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...
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
This Practice Note considers pre-action conduct in general civil disputes in Scotland. For guidance on:•pre-action conduct in Scottish personal injury...
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
Land and buildings transaction tax (LBTT) replaced stamp duty land tax (SDLT) in Scotland with effect from 1 April 2015. This Practice Note provides...
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...
STOP PRESS: The Prescription (Scotland) Act 2018 (P(S)A 2018) received Royal Assent on the 18 December 2018 and will be effective from a date still to...
This Practice Note sets out the extent of the new Electronic Communications Code (the ‘EC Code’) rights, how they arise—(ie by agreement made between...
This Practice Note outlines the community right to buy abandoned neglected and detrimental land under Part 3A of the Land Reform (Scotland) Act 2003...
Default positionBilateral surrender (or renunciation as it is referred to under Scots law) is the method by which a tenant gives up its rights under a...