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Practice notes
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
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
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
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
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
Precedents
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
[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
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
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
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
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
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
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
Q&As
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
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
Practice notes
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
Practice notes
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
Practice notes
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
Practice notes
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
Practice notes
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
Practice notes
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
Practice notes
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
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
Practice notes
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
Practice notes
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
Practice notes
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
Practice notes
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
Practice notes
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
Practice notes
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
Practice notes
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
Practice notes
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
Practice notes
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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