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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
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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9th Nov
Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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9th Nov
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
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
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
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
Practice notes
Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
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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
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
Practice notes
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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9th Nov

Most recent Property in Scotland content

Practice notes
This Practice Note considers the different stages in transactions for the sale of commercial property in England and Wales compared to those in...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan
Practice notes
A lease of agricultural property may often contain a clause entitling the landlord to resume part of the land in certain circumstances. In the case of...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 15th Jan
Practice notes
This Practice Note considers controls and regulatory issues protecting wildlife, habitats and landscapes in Scotland, and their potential impact and...
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Produced in partnership with Jamie Whittle of R&R Urquhart 15th Jan
Practice notes
There are important differences between agricultural tenants’ improvements and tenants’ fixtures in agricultural tenancies. This Practice Note...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 15th Jan
Practice notes
Break clausesA break clause is a term in a lease which permits the landlord or the tenant to terminate a lease early. Break clauses are considered in...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 15th Jan
Practice notes
When are maintenance provisions required?Ownership of property carries with it, by definition, responsibility for maintenance of that property. The...
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Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 15th Jan
Practice notes
This Practice Note considers the different stages in lease negotiations for commercial property in England and Wales compared to those in Scotland, at...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan
Practice notes
In property transactions the person buying, leasing or taking security over a property will check the title for the property before they proceed with...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan
Practice notes
Background to deeds of conditions and development management scheme (DMS)Where land is developed with a number of residential or commercial units...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan
Practice notes
This Practice Note covers two of the existing community rights to buy in Scotland:•the community right to buy land under Part 2 of the Land Reform...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan
Practice notes
The Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) provides for certain maintenance provisions to be included in every tenancy under it (1991...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 15th Jan
Practice notes
STOP PRESS: Land Reform (Scotland) Act 2016 (Commencement No 12) Regulations 2020, SSI 2020/428 bring into force sections 110 and 111 of the Land...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 15th Jan
Practice notes
This Practice Note considers service charge typically levied on tenants of a multi-occupancy building by commercial landlords in Scotland. It does not...
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Produced in partnership with Lorna Richardson of The University of Edinburgh 15th Jan
Practice notes
Assignation and sublettingAssignation and subletting are two options which a tenant may use to introduce a new tenant into the lease arrangement. The...
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Produced in partnership with Rebecca Roberts of DLA Piper Scotland LLP 15th Jan
Practice notes
This Practice Note explains the improvements amnesty for certain types of improvements carried out in the past by tenants on let farms in Scotland,...
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Produced in partnership with Mike Blair of Gillespie Macandrew LLP 15th Jan
Practice notes
MissivesThe most common form of contract in Scottish property transactions are missives of sale, see for example, the Property Standardisation (PSG)...
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Produced in partnership with Alistair Drummond, Tony Holloran, Vladimir Kucera and Scott Traynor of DLA Piper Scotland LLP 15th Jan
Practice notes
The most common types of delict to arise in property disputes are negligence, nuisance and trespass, see Practice Notes: Property disputes in Scotland...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 15th Jan
Practice notes
Brexit: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 15th Jan
Practice notes
This Practice Note considers repair obligations in commercial leases in Scotland, including interpretation of repair obligations, extraordinary...
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Produced in partnership with Lorna Richardson of The University of Edinburgh, David William John Bell of Harper Macleod and Jennifer Talbot of DLA 15th Jan
Practice notes
A lease for a term of years may contain an option for the parties or one of them to terminate the lease before the expiration of the term. This is...
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Produced in partnership with Ken Gerber 15th Jan

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