Property Blog

For the past few years, there has been a legislative push to move all title to land in Scotland onto a single, map based Land Register of Scotland. The target date for completion of this task is 2024- a very ambitious timescale given that currently less than 30% by area and less than 60% by number of titles are registered in the Land Register. Up until recently, it was generally only a requirement to register a title in the Land Register when it was being transferred or sold for value. If the transaction did not involve such a transfer, then the...

You may recall our blog from October 2012 heralding the passing of the Long Leases (Scotland) Act 2012 (“the 2012 Act”).

The 2012 Act was one piece of the Scottish Government’s plan to modernise property law in Scotland and, put briefly, would automatically convert any ultra long leases into outright ownership on the Appointed Day. 

Historic Protections for Modern Tenants Posted on Nov 25, 2015 by Helen McGrath  | 0 Comments   There is little legislation governing the law of commercial leasing in Scotland, unlike south of the Border, so when a case arises which reminds us of a little-known statute which does, it’s looked at with interest.   Over the past few years, there have been a number of cases on the application of the Tenancy of Shops (Scotland) Act 1949 (“the 1949 Act”) to modern leases, the most recent of which being Select Service Partner Limited v Network Rail Infrastructure Ltd 2015 (“the...

Update on LBTT Rates for Residential Property Posted on Feb 25, 2015 by Helen McGrath  | Tags: LBTT, property law, stamp duty land tax, Scotland, Land and Buildings Transaction Tax  | 0 Comments Following a surprise review by the UK Government of the Stamp Duty Land Tax rates, the Scottish Government has revised the rates which will apply to Land and Buildings Transaction Tax on residential , which will replace SDLT north of the border from 1st April 2015. The new rates for Residential Properties are:- - Up to £145,000                               Nil - £145,001 to £250,000                    2% - £250,001 to £325,000                    5%...

Leases and LBTT Posted on Jan 06, 2015 by Helen McGrath  | 0 Comments We discussed the implications of LBTT on property sales and purchases in a previous blog, but the introduction of the new Land and Buildings Transaction Tax as a replacement in Scotland for Stamp Duty Land Tax will arguably have a greater effect on the commercial rental market (no LBTT will be payable on residential leases) as new rules regarding notification are introduced alongside new rates of tax for lease premiums. As with property sales, the previous SDLT slab tax rates are being replaced by a progressive...