Property in Scotland

View Property by content type:

Latest Property News

Featured Property content

Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
Read More >
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...
Read More >
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...
Read More >
9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
Read More >
9th Nov
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
Read More >
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...
Read More >
9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
Read More >
9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
Read More >
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...
Read More >
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)....
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
Read More >
9th Nov

Most recent Property in Scotland content

Practice notes
Historically almost all disputes relating to agricultural tenancy matters were referred to arbitration in the first instance. The thinking was that...
Read More >
Produced in partnership with Mike Blair of Gillespie Macandrew LLP 15th Jan
Practice notes
This Practice Note examines the issues surrounding alterations and improvements to property in Scotland subject to a commercial lease. Consent and...
Read More >
Produced in partnership with Mark Davenport of DLA Piper 15th Jan
Practice notes
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
Read More >
Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 15th Jan
Practice notes
Differences between leases and licences to occupyLeasesA lease in Scots law has been defined as ‘a contract by which a person, known as a tenant, is...
Read More >
Produced in partnership with Mark Davenport of DLA Piper 15th Jan
Practice notes
The main remedies available in the context of landlord and tenant disputes in Scotland are:•Interdict•Specific implement•Payment action•Damages...
Read More >
Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 15th Jan
Practice notes
Common law on making alterationsAt common law, there is an implied obligation that a property can only be used for the purpose for which it was let,...
Read More >
Produced in partnership with David William John Bell of Harper Macleod LLP 15th Jan
Practice notes
Diversification at common lawDiversification, ie the use of a holding for a non-agricultural purpose not sanctioned by the lease, would at common law...
Read More >
Produced in partnership with Mike Blair of Gillespie Macandrew LLP 15th Jan
Practice notes
This Practice Note sets out brief details in the table below of the existing community rights to buy in Scotland:•the community right to buy land...
Read More >
Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan
Practice notes
How do EPCs apply to commercial property in Scotland?This Practice Note looks at how the Energy Performance of Buildings (Scotland) Regulations 2008...
Read More >
Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan
Practice notes
Enforcing real burdens, title and interestWho can enforce real burdens?A real burden may be enforced by any person who has both title and interest to...
Read More >
Produced in partnership with Rachel Oliphant of Pinsent Masons 15th Jan
Practice notes
This Practice Note sets out the common law and discusses usual drafting provisions in commercial leases in Scotland dealing with landlord and tenant...
Read More >
Produced in partnership with Ken Gerber of Mitchells Roberton 15th Jan
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...
Read More >
Produced in partnership with Kenneth S Gerber of Mitchells Roberton 15th Jan
Practice notes
What is a pre-emption?A pre-emption is a type of option to purchase—historically the most common and arguably the least complex (at least in the form...
Read More >
Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 15th Jan
Practice notes
The Registers of ScotlandThe Registers of Scotland (ROS) is the Scottish Government Agency responsible for looking after a range of registers, most...
Read More >
Produced in partnership with Gary Donaldson of Millar & Bryce 15th Jan
Practice notes
Most 2003 Act Tenancies, (SLDTs, LDTs, MLDTs and when the relevant provisions come into force, repairing tenancies) at present are running on their...
Read More >
Produced in partnership with Mike Blair of Gillespie Macandrew LLP 15th Jan
Practice notes
Contractual and statutory basis of rent review and time intervalsTenants under 1991 Act Tenancies benefit from substantial security of tenure and...
Read More >
Produced in partnership with Mike Blair of Gillespie Macandrew LLP 15th Jan
Practice notes
This is a glossary of common words and expressions used in Scottish property law with the nearest England and Wales equivalent (where relevant) and...
Read More >
Produced in partnership with Rachel Oliphant of Pinsent Masons 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...
Read More >
Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 15th Jan
Practice notes
This Practice Note sets out the grounds and availability of irritancy in 1991 Act Tenancies and 2003 Act Tenancies being:.•short limited duration...
Read More >
Produced in partnership with Mike Blair of Gillespie Macandrew LLP 15th Jan
Practice notes
This Practice Note considers the law and policy surrounding flooding in Scotland:•providing an overview of legislation and policy and the Flood Risk...
Read More >
Produced in partnership with Jamie Whittle of R&R Urquhart 15th Jan

Popular documents