Category Archives: Commercial

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 >>

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Are you a property owner whose title deeds contain conditions which are out-of-date or unclear or in some way now proving to be unduly onerous or prohibitive to the use and enjoyment of your property?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 >>

Beware bills for balcony repairs!

August 9, 2019 | Christine |

Balcony repairs

Having dealt with a number of queries involving balcony repairs in both tenements and flatted dwelling house complexes, it is useful to learn lessons from the experience of others. The recurring question of ownership was highlighted in a recent case, Speirs Gumley Property Management –v- Lafferty. Factors for a development in Paisley carried out “necessary … Read More >>

The Price of a Data Breach

July 12, 2019 | Umera Rashid |

price of a data breach

We previously blogged about data protection breaches under the General Data Protection Regulation (GDPR) and how to deal with the aftermath. Since then, the Information Commissioner’s Office (ICO) has issued its first fine using the GDPR, which came into force in May 2018, and accompanying Data Protection Act 2018. Under previous legislation, the maximum monetary … Read More >>

Property Factors – Should We Register?

May 30, 2019 | Christine |

property factors register

The Property Factors Scotland Act 2011 required all property factors to register on the newly formed Register of Property Factors. Failure to register is a criminal offence punishable by a fine or even imprisonment! Given the sanctions which exist it is important to be clear who is under an obligation to register. This is still … Read More >>

Changes to the Property Factor’s Code of Conduct: Factoring in the Equation

February 27, 2019 | Jane Mill |

changes to the Property Factor’s Code of Conduct

Are you a Registered Social Landlord engaged in property factoring? Are your factoring practices robust and ready for upcoming changes to the Property Factor’s Code of Conduct? The Property Factors (Scotland) Act 2011 is 6 years old and created a statutory framework providing protections for homeowners who receive services from a property factor. As part … Read More >>

In these increasingly health conscious times is it time for servitudes for recreational purposes?

February 18, 2019 | Stephanie Wood |

Servitudes

A servitude is a right that a landowner has over neighbouring property which allows the holder of the servitude (or benefitted proprietor) to do something with another person’s property, which would not normally be allowed. Whether created by a specific grant, by reservation, or indeed through uninterrupted use for the prescriptive period of 20 years … Read More >>

Clancy Docwra v E.On Energy Solutions – The Need for Consistency in Contracts

February 15, 2019 | Ainsley McKinlay |

The need for consistency in contracts

The recent case of Clancy Docwra Ltd v E.On Energy Solutions Ltd has highlighted the need for consistency between a contract and any additional documents appended to it. E.On appointed Clancy Docwra as a sub-contractor to excavate trenches for the installation of an underground district heating network. They had started the works when they encountered … Read More >>

From LIBOR to SONIA – Technical Adjustment or Substantive Shift?

January 29, 2019 | Len |

Libor social housing

LIBOR (the London Inter-bank Offered Rate) is at the heart of private funding to the housing sector. Post-2022 however, banks will no longer be required to provide LIBOR quotations and thought needs to be given as to how that may affect Registered Social Landlords who have loans that continue beyond 2022 or indeed are taking … Read More >>