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Difference between a servitude and a wayleave

December 12, 2019 | Christine |

Difference between a servitude and a wayleave

The key difference is that a wayleave does not have to comply with any strict rules of creation. Wayleaves provide rights similar to those found in servitudes but can be created without the need to identify a benefited property. Wayleaves are binding for a specified period and against successors in title rather than being personal … Read More >>

I’m Appointed As An Executor – What Are My Responsibilities?

December 10, 2019 | Ailidh Ballantyne |

Appointed as an executor

Choosing who you wish to implement the terms of your Will can be a difficult decision. After all, this is the person you will trust to ensure that your estate is administered according to your wishes. An executor is a person who is appointed by someone who is making a Will (also known as the … Read More >>

Tenancy Deposit Scheme Reminder

December 9, 2019 | Laura Shields |

deposit scheme

It’s rarely in the best interests of a landlord/tenant relationship to have to move a disagreement over deposits to court proceedings. In some instances though, it is an inevitable result of a landlord not adhering to the Tenancy Deposit Schemes (Scotland) Regulations 2011. Between December 2017 and June 2019, there were over 200 cases where … Read More >>

Managing Someone Else’s Finances

December 4, 2019 | Lynne Lind |

managing someone else's finances

When you, or someone close to you, has been diagnosed with a deteriorating health condition thinking about day-to-day practicalities can be difficult, for example managing finances. To allow someone to manage your day-to-day banking (but not open or close accounts or apply for overdraft) can be arranged by means of a Third Party Mandate. The … Read More >>

Energy Efficiency Regulations To Come Into Force

November 19, 2019 | Nicola Caldwell |

energy efficiency regulations

The Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2019 are proposed to come into force on 1 April 2020. The purpose of these regulations is to tackle the the least energy-efficient properties in Scotland. These regulations outline minimum standards of energy efficiency landlords must meet for domestic private rented properties. EPCs (Energy Performance Certificates) … Read More >>

Tenancy Deposit Update – LANDLORD WARNING!!!

November 14, 2019 | Claire Mullen |

Tenancy deposit

Since 2012, landlords in Scotland have been required to lodge security deposits in one of three approved tenancy deposit schemes. Landlords should by now be well aware of their obligations to lodge deposits within 30 working days and to provide tenants with specific information relating to the tenancy and the deposit. The scheme is regulated by … Read More >>

Letters of Wishes

November 14, 2019 | Ailidh Ballantyne |

Letters of Wishes

You have made a Will. Congratulations! This now means all of your affairs are in order, your Will can be easily interpreted upon your death and your family will understand your reasons for what you have chosen to include in your Will. Well, not necessarily. It can, at times, be difficult to understand someone’s Will … Read More >>

Title Conditions – What a Burden

October 29, 2019 | Jane Mill |

title conditions

Are you a property owner whose title deeds contain conditions which are out-of-date or unclear or in some way now proving to be unduly onerous or prohibitive to the use and enjoyment of your property? Are you looking for ways to have your title conditions varied or even discharged? It is possible to vary and/or … Read More >>

Prescriptive Possession

October 21, 2019 | Stephanie Wood |

Have you possessed land for which you have registered a deed “openly, peacefully and without judicial interruption”? If yes, you may have obtained good title to it. The law, or prescription, operating for sasine titles has remained unchanged since the introduction of the Prescription and Limitations (Scotland) Act 1973 in that where a title includes a … Read More >>