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Latest Property News

Draft pre-pack regulations laid before Parliament

Draft pre-pack regulations laid before Parliament

The following Banking & Finance news provides comprehensive and up to date legal information on Draft pre-pack regulations laid before Parliament

Property weekly highlights—25 February 2021

Property weekly highlights—25 February 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—25 February 2021

Adverse possession and intention to possess land with a right of way (Amirtharaja v White)

Adverse possession and intention to possess land with a right of way (Amirtharaja v White)

The following Property Disputes news provides comprehensive and up to date legal information on Adverse possession and intention to possess land with a right of way (Amirtharaja v White)

Business rates avoidance—sham leases—a rare victory for a local authority (Isle Investments v Leeds City Council)

Business rates avoidance—sham leases—a rare victory for a local authority (Isle Investments v Leeds City Council)

The following Dispute Resolution news provides comprehensive and up to date legal information on Business rates avoidance—sham leases—a rare victory for a local authority (Isle Investments v Leeds City Council)

Featured Property content

What is a certificate of title?

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...

Constructive trusts

Constructive trusts

Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...

Authorised guarantee agreements

Authorised guarantee agreements

What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...

Practice notes

Equitable mortgages and equitable charges—general principles and registered land

Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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9th Nov
Practice notes

Quistclose trusts

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...
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9th Nov
Practice notes

Underletting at less than the passing or market rent

When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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9th Nov
Practice notes

Standard Commercial Property Conditions (Second Edition)

The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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9th Nov
Practice notes

Tacit relocation in commercial leases in Scotland

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
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Practice notes

Headline rents

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

Derogation from grant and the covenant for quiet enjoyment

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
Precedents

Specific clauses for transfers—indemnity covenant

Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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9th Nov
Precedents

Rent authority letter—commercial property

[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]...
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9th Nov
Precedents

Deed of grant of easements

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

Applying the proceeds of sale

Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
Q&As

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and...
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9th Nov
Precedents

Transfer of part

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

Insolvency—fixed charge receivership

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

Conditional contracts—property

Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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9th Nov
Practice notes

What is a good and marketable title?

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...
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9th Nov

Most recent Property in Scotland content

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 agreements and ‘call’ option agreements. A call option agreement is one where the buyer (grantee) can call...
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22nd Jan
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Q&As

Where a company or limited liability partnerships (LLP) is required to execute a document (self-proving) and the director of the company or member of the LLP is itself a corporate body, should there be two witness signatures?

The answer is that only one witness signature is required.This follows from Schedule 2 to the Requirements of Writing (Scotland) Act 1995 (RW(S)A...
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Produced in partnership with Hugh Olson of Arnot Manderson Advocates 22nd Jan
Practice notes

Agricultural holdings in Scotland—subsidy rights

The administration of the present EU agricultural subsidy schemes in Scotland is in disarray due to multiple and ongoing failures of the computer...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 19th Jan
tag iconScottish Law
Practice notes

Scotland: the process for applying for sequestration

For the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit on jurisdiction to commence...
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Produced in partnership with James Lloyd of Harper Macleod LLP 19th Jan
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Practice notes

Interdict and interim interdict in Scottish civil litigation

This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
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Produced in partnership with Jim Cormack of Pinsent Masons 18th Jan
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Practice notes

Pre-action requirements in Scottish civil litigation

This Practice Note considers pre-action conduct in general civil disputes in Scotland. For guidance on:•pre-action conduct in Scottish personal injury...
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Produced in partnership with Euan McSherry of Aberdein Considine 18th Jan
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Practice notes

Taking security under Scots law

STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
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Produced in partnership with Addleshaw Goddard 17th Jan
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Practice notes

Scotland: Land and buildings transaction tax (LBTT)—the basics

Land and buildings transaction tax (LBTT) replaced stamp duty land tax (SDLT) in Scotland with effect from 1 April 2015. This Practice Note provides...
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Produced in partnership with Ronnie Brown of Burness Paull 15th Jan
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Practice notes

Scotland: Land and buildings transaction tax (LBTT)—administration and compliance

CORONAVIRUS (COVID-19): Revenue Scotland is not processing paper returns due to COVID-19. Agents are encouraged to make returns through SETS (the...
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Produced in partnership with Ronnie Brown of Burness Paull 15th Jan
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Practice notes

VAT—capital goods scheme

FORTHCOMING CHANGE: HMRC published a call for evidence in 2019 on ‘simplifying’ the rules on VAT partial exemption and the CGS. This considered...
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Produced in partnership with Martin Scammell 15th Jan
Practice notes

Investigating title in Scotland—searches and enquiries—the basics

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...
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Produced in partnership with Gary Donaldson of Millar & Bryce 15th Jan
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Practice notes

Disputes concerning servitudes in Scotland

Essential features of a servitudeThe requirements for a valid servitude are set out in Practice Note: Servitudes in Scotland—Requirements for a...
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Produced in partnership with Seb Galastro of DLA Piper Scotland LLP 15th Jan
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Practice notes

Legal due diligence in Scottish commercial property acquisitions

The purpose of due diligenceDue diligence (the process by which information about the proposed purchase is collated and assessed by the buyer's...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan
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Practice notes

Property disputes in Scotland (delictual and statutory)

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...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 15th Jan
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Practice notes

Repair clauses in commercial leases in Scotland

This Practice Note considers the landlord’s obligation to repair under common law, how that is usually modified in repairing clauses found in full...
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Produced in partnership with Lorna Richardson of The University of Edinburgh, David William John Bell of Harper Macleod 15th Jan
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Practice notes

Agricultural holdings in Scotland—certain tenants’ right to buy

Agricultural tenants’ right to buyAn agricultural tenant’s right to buy was introduced by the Agricultural Holdings (Scotland) Act 2003. It is a...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 15th Jan
tag iconScottish Law
Practice notes

The Electronic Communications Code—Scotland

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...
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Produced in partnership with Alistair Drummond and Sandie Wang of DLA Piper Scotland 15th Jan
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Practice notes

Part 3A right to buy abandoned etc land and Part 5 right to buy land to further sustainable development in Scotland

This Practice Note outlines the community right to buy abandoned neglected and detrimental land under Part 3A of the Land Reform (Scotland) Act 2003...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan
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Practice notes

Servitudes in Scotland

Requirements for a servitudeServitudes are subordinate real rights over a property (the burdened property) for the benefit of another property (the...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan
tag iconScottish Law
Practice notes

Surrender (renunciation) of leases in Scotland

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...
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Produced in partnership with Alistair Drummond and Struan Brock of DLA Piper Scotland 15th Jan
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Popular documents

LEXISNEXIS

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a

LEXISNEXIS

The doctrine of res judicata

What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by

LEXISNEXIS

Third party rights—the common law doctrine of privity of contract

This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third

LEXISNEXIS

Declaratory relief of planning decisions

A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an