Property in Scotland

View Property by content type:

Latest Property News

Featured Property content

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...
Read More >
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...
Read More >
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...
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
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
Read More >
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...
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
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
Read More >
9th Nov
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
Read More >
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...
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
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...
Read More >
9th Nov
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
Read More >
9th Nov

Most recent Property in Scotland content

Practice notes
Loan market and developmentsOverviewGenerally speaking, the loan market in Scotland has much in common with the loan market in England. Financial...
Read More >
Produced in partnership with Shepherd and Wedderburn 13th Jan
Practice notes
This Practice Note sets out the law on rent and rent review provisions in commercial leases in Scotland. For contentious aspects of rent and rent...
Read More >
Produced in partnership with David William John Bell of Harper Macleod LLP 11th Jan
Precedents
Parties1[insert full name of party], residing at [insert address] (together with their successors hereinafter together referred to as the Landlord);...
Read More >
Produced in partnership with Mike Blair of Gillespie Macandrew LLP 8th Jan
Precedents
NOTICE FROM LANDLORD TO STOP TACIT RELOCATION OPERATINGOur Ref: [insert reference]Your Ref: [insert reference]Date: [insert date]To: [Insert name of...
Read More >
Produced in partnership with Kenneth S Gerber of Mitchells Roberton 8th Jan
Practice notes
What are back letters?A back letter is a personal contractual arrangement between the granter and the grantee, ie in the context of a commercial...
Read More >
Produced in partnership with Ken Gerber 8th Jan
Precedents
NOTICE FROM TENANT TO STOP TACIT RELOCATION OPERATINGOur Ref: [insert reference]Your Ref: [insert reference]Date: [insert date]To: [Insert name of...
Read More >
Produced in partnership with Kenneth S Gerber of Mitchells Roberton 8th Jan
Precedents
Non-PSG Style Lease—break conditional on performance of monetary obligations 1 Definition of Break Date Break...
Read More >
8th Jan
Practice notes
What are real burdens?A real burden is an encumbrance on land (the burdened property) in favour of the owner of other land (the benefited owner) in...
Read More >
Produced in partnership with Rachel Oliphant of Pinsent Masons 8th Jan
Precedents
PSG Style Leases-conditional Landlord break 1 Definition of Break Date Break Date means [any date falling...
Read More >
8th Jan
Q&As
This Q&A assumes that:•there are three partners, A and B are individuals and C is a company•there is no lease or rental consideration•the partnership...
Read More >
Produced in partnership with Ronnie Brown of Burness Paull 8th Jan
Precedents
PSG Style Leases—conditional mutual break 1 Definition of Break Date Break Date means [any date falling...
Read More >
8th Jan
Practice notes
How do the AEP Regs 2016 apply to commercial property in Scotland?This note explains how the Assessment of Energy Performance of Non-domestic...
Read More >
Produced in partnership with Rachel Oliphant of Pinsent Masons 8th Jan
Precedents
Parties1[insert full name of party], residing at [insert address] (together with their successors as landlord under this Lease), are hereinafter...
Read More >
Produced in partnership with Mike Blair of Gillespie Macandrew LLP 8th Jan
Q&As
The new Electronic Communications Code (the ‘Code’) is governed by, and set out in sections 106–119 and the new Schedule 3A to the Communications Act...
Read More >
Produced in partnership with Hugh Olson of Arnot Manderson Advocates 8th 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...
Read More >
18th Dec
Precedents
The Investment Property Forum (IPF) developed this precedent as they find that it is very common for parties to a potential property transaction to...
Read More >
29th Nov
Precedents
The Investment Property Forum (IPF) developed this precedent as they find that it is very common for parties to a potential property transaction to...
Read More >
29th Nov

Popular documents