Property in Scotland

Explore detailed insights and practical guidance tailored for legal professionals handling property transactions, disputes, and legislation in Scotland. This dedicated resource is designed to enhance your expertise, offering up-to-date information, strategic advice, and actionable steps to navigate the unique landscape of Scottish property law effectively. Stay informed on legal developments, best practices, and procedural nuances crucial to delivering exceptional client service in the Scottish property sector.

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Agricultural holdings in Scotland Commercial leases and property management in Scotland Environment energy and buildings in Scotland Land and buildings transaction tax Property Disputes in Scotland Real estate finance in Scotland Residential tenancies in Scotland Transferring property in Scotland

Latest Property News

Law Society publishes technical note on physical climate risks

Law Society publishes technical note on physical climate risks
Scottish Government consults on proposed minimum energy efficiency regulations for private rented sector

Scottish Government consults on proposed minimum energy efficiency regulations for private rented sector
UT upholds FTT decision on principles of valuation and allocation of consideration in acquisition of care homes (Nellsar v HMRC)

UT upholds FTT decision on principles of valuation and allocation of consideration in acquisition of care homes (Nellsar v HMRC)

The following Tax news provides comprehensive and up to date legal information on UT upholds FTT decision on principles of valuation and allocation of consideration in acquisition of care homes (Nellsar v HMRC)

HMLR updates Practice Guides 19, 21, 67, 81, and forms ID1 and ID2

HMLR updates Practice Guides 19, 21, 67, 81, and forms ID1 and ID2

Featured Property content

Severance of a joint tenancy

Severance of a joint tenancy

Severance of a joint tenancySeverance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence...

What is a certificate of title?

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...

Indemnity covenants in property transfers

Indemnity covenants in property transfers

Indemnity covenants in property transfersThis Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general...

Resulting trusts

Resulting trusts

Resulting trustsResulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are...

Practice notes

Reversionary leases

Reversionary leasesReversionary leases (or future leases) are granted to take effect in possession at a future date. This Practice Note looks at:•when...
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2nd Jun
Practice notes

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 provisionsThe Standard Conditions of Sale (SCS), currently in their...
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30th May
Practice notes

Carrying out bankruptcy searches at the Land Charges Department

Carrying out bankruptcy searches at the Land Charges DepartmentIntroductionThis Practice Note looks at the circumstances in which a bankruptcy search...
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30th May
Practice notes

Easements—LPA 1925, s 62 and permissions

Easements—LPA 1925, s 62 and permissionsSection 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device....
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30th May
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Practice notes

Land registration—overriding interests, occupiers and interests which have lost overriding status

Occupiers and overriding interestsOverriding interests are interests which are binding on property even though they are not shown on the register....
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30th May
Practice notes

Lease surrenders

Lease surrendersWhat is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant to bring the lease to an end...
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2nd Jun
Q&As

A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the chargor?

A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the...
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30th May
Practice notes

Profits à prendre

Profits à prendreIntroduction — what is a profit à prendre?A profit à prendre is the right to take natural resources from another person’s land....
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30th May
Practice notes

Implied easements—common law

Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in...
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30th May
Practice notes

Overreaching—sales by trustees of land

Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
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2nd Jun
Practice notes

Pre-completion searches

Pre-completion searchesThis Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including...
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2nd Jun
Practice notes

Cautions against first registration

Cautions against first registrationA caution against first registration (referred to as a ‘caution’ throughout this Practice Note) is a means of...
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2nd Jun
Practice notes

Land charges under the Land Charges Act 1972—registration and purpose

Land charges—registration and purposeLand charges are registered to protect the interests, in unregistered land, of a person who does not hold the...
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30th May
Practice notes

Sub-sales and assignments

Sub-sales and assignmentsA sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell...
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30th May
Precedents

Deed of easement—right to lay and maintain a drain

Deed of easement—right to lay and maintain a drainThis Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [of...
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2nd Jun
News

Revocable rights over common parts had to be made irrevocable on enfranchisement (4-6 Trinity Church Square v The Corporation of Trinity House)

...
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2nd Jun

Popular documents

Drafting suspensive conditions in missives in Scotland

Drafting suspensive conditions in missives in ScotlandWhat is a suspensive condition?A suspensive condition suspends the obligation on either party to a contract to perform that contract until such time as the suspensive condition had been purified (or waived, if that is permitted by the terms of

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a