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 title...

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 TenantsPosted 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 Select Case”).The 1949 ActThe 1949 Act...

Update on LBTT Rates for Residential PropertyPosted on Feb 25, 2015 by Helen McGrath  | Tags: LBTT, property law, stamp duty land tax, Scotland, Land and Buildings Transaction Tax  | 0 CommentsFollowing 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%- £325,001 to £750,000                    10%- £750,001 and upwards               ...

Leases and LBTTPosted on Jan 06, 2015 by Helen McGrath  | 0 CommentsWe 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 system (meaning there will be...