Registers of Scotland (RoS) recently released their Annual Market Review 2016 detailing activity in the Scottish residential property market for that year. So what's the latest news for the Scottish Property Market?

The key points highlighted in this report are: 

• The volume of sales increased by 3.3% on 2015
• The average price of a residential property fell by 1.9% compared with 2015
• The value of the residential market in Scotland was in excess of £16.5 billion, an increase of 1.3% on the previous year

Taking

Top Tips for selling your property in Edinburgh

1. This is a good time to sell as there is a lack of stock on the market at present and there is a strong demand for many types of properties.
2. From a selling point of view it is not worth holding off until Easter or better weather. In recent, previous years, partly due to lack of other stock and partly due to the year round nature of the market, many properties marketed in January and February have

Our firm was delighted to take part in a Dementia Friends information session which involved staff completing a number of activities with a view to understanding how to interact better with people living with dementia (for example always use the term 'living' with dementia, never 'suffering'). We are often asked about legal help for living with dementia.

Our team regularly find themselves helping people who are experiencing the heartbreaking effects of dementia and this was a great opportunity to learn more about the condition and

Buying your first home is an exciting prospect. In the past few years fewer people have been able to realise their dream of getting on the property ladder due to lack of sufficient mortgage availability, job uncertainty and the rise in property prices in many areas, particularly in Edinburgh and Glasgow. However the market is now picking up again - what advice for first time buyers should you be looking for?

If you are thinking of purchasing a property one of the first things you

It's inevitable that we will attempt some form of DIY in our lives. In many circumstances there will be that temptation to 'give it a go' whilst thoughts of "what's the worst that can happen?" run through our head but this can often end in disaster. A wobbly shelf or badly painted wall is one thing; but not leaving your hard earned money and possessions to who you want to is another. While on the topic of DIY, we are often asked - can I

It is estimated that one in four property transactions will involve a contribution (loans and gifts) from the Bank of Mum and Dad. There are various ways in which that help can be given, for example:

• Gift or loan of some or all of the deposit
• Gift or loan of full purchase price
• Act as guarantor
• Loans and gifts of some or all of the deposit

If you are considering making a gift you should first seek advice on the tax implications of doing so.

2016 has been a mixed year for property purchasers and sellers in Edinburgh and the Lothians. What are the current Edinburgh property market conditions? Some sellers have done very well in terms of attracting interest in their properties and achieving prices over their asking prices and home report values; but not everyone has benefited from what, generally speaking, was a positive year on the property market. The main problem for buyers and sellers is a lack of real choice on the market. Most people have

If you are considering making alterations to your property it is important to make sure that you have all necessary permissions before getting started.

Depending on what you are planning to do, you may need Planning Permission, a Building Warrant and/or Listed Building Consent from your local authority. Your architect can assist with this and with the completion of any necessary application forms.

Some alterations can be carried out as "permitted development" and therefore do not need permission but it is always best to check

A power of Attorney is something often associated with the elderly and young people may ask - why would I need a power of attorney? However this important legal document is something everyone should consider putting in place. Accidents or illness can, unfortunately, occur at any age and granting Power of Attorney can ensure that someone you trust is able to manage your affairs and make important decisions about your health and well being if something was to happen to you in the future. In

Solicitors, healthcare and social work professionals, and others need to be aware of the major changes in practice required to ensure compliance with the UN Convention on the Rights of Persons with Disabilities. They must apply these changes now, within the framework of existing legislation, pending upgrading of the UK's adult incapacity and mental capacity legislation. The UK ratified the Convention without reservation in 2009. The UK also ratified the Optional Protocol to the Convention, allowing citizens who claim to be victims of breach of

People with intellectual disabilities are promised the same rights to control their own lives as everyone else by the UN Convention on the Rights of Persons with Disabilities. They are also promised the support needed to make this a reality. Supported decision-making is one way of doing that. Co-decision-making is another. But how can these be arranged in practice?

Your abilities to assert and achieve what you want may already be limited, or may become less in future. How can you ensure that you

On 28 January the Scottish Government published the Land & Buildings Transaction Tax (Amendment) (Scotland) Bill. This follows the announcement by Scotland's Finance Secretary in the Scottish budget in December 2015 that Scotland would follow the steps announced by the UK chancellor in charging additional Land & Building Transaction Tax (LBTT) (Scotland's equivalent of stamp duty) on second homes and buy to let properties.

Land & Building Transaction Tax rates

It is intended that the additional land & building transaction tax rates will apply

The overlap of the laws of succession in different countries (e.g. in the country which you live and the country in which you own property) has caused a great deal of confusion and resulted in property owners putting two Wills in place - one in the country which they live in and the other in the country where they own property. Succession to property in Europe is now set to change

EU Regulation No 650/2012 (commonly known as "Brussels IV") was passed in 2012, but

The Summer Finance Bill sets out the changes to Inheritance Tax which were announced by the Chancellor in his Summer Budget. The Bill introduces an additional Main Residence Nil Rate Band (the Band) which will be introduced in stages from April 2017 until the full Band of £175,000 comes into force in April 2020. The Band will be in addition to the existing Nil Rate Band of £325,000.

When is the Band available?

The Band will apply when a qualifying residence (the qualifying residential interest)

Parts 7 and 8 of the Small Business Enterprise and Employment Act 2015 are currently coming into force and are being implemented in three stages.

Changes will occur in respect of the Companies Act 2006 as a result of this.

What does it mean for you as a company?

Phase 1 - 26 May 2015

Companies will no longer be able to issue bearer shares. Share warrants to bearers are abolished with any existing share warrants to be surrendered within 9 months.

Phase 2 -

The Budget announcement saw the Chancellor George Osborne unveil inheritance tax changes to the current regime. George Osborne confirmed that the inheritance tax threshold is set to increase from £325,000 to £500,000 for a single person and from £650,000 to £1million for a married couple or civil partnership.

What is the current Inheritance Tax regime?

Inheritance tax is currently charged at a rate of 40% on the value of an estate above the tax free threshold of £325,000 per person.

Married couples and civil partners

The loss of a loved one can leave families facing a period of financial hardship but there can be financial support following bereavement .

The State offers death benefits which could make things easier. There are currently three potential benefits available - Bereavement Payment, Bereavement Allowance & Widowed Parents Allowance.

Bereavement Payment:

If your spouse or civil partner has died you may be able to eligible for a Bereavement Payment. This is a one-off, tax-free, lump-sum payment of £2,000.

This is available to those

As we have discussed in recent blogs, 1^st April marks the first day of the new Land and Buildings Transaction Tax (LBTT) coming in to force in Scotland. LBTT replaces Stamp Duty Land Tax (SDLT) on the purchase of property in Scotland.

SDLT remains in force for the rest of the UK.

The threshold for paying LBTT on residential property purchases has been set at £145,000 meaning no LBTT would be due on any purchase under this value. The threshold for SDLT is £125,000.

As we have discussed in recent blogs, Stamp Duty Land Tax (SDLT) on the purchase of property is to be replaced in Scotland by the new Land and Buildings Transaction Tax (LBTT). The change is due to come into force on 1st April 2015. So what will this land and buildings transaction tax update mean for purchasers?

The Scottish Finance Secretary John Swinney announced amended the proposed rates at which LBTT will be charged from those originally proposed in October 2014.

The threshold for paying

Last year, we explained how a decision from Glasgow Sheriff Court raised concerns that many Scottish Powers of Attorney could, in fact, be invalid. In that case, Sheriff Baird at Glasgow decided that a Power of Attorney granted in favour of a bank was not valid as the wording used in the document did not comply with the requirements of the Adults with Incapacity (Scotland) Act 2000.

The potential effect of this was wide reaching as the wording used in the Power of Attorney in

As we discussed in a recent blog, Stamp Duty Land Tax (SDLT) on the purchase of property is to be replaced in Scotland by the new Land and Buildings Transaction Tax (LBTT). The change is due to come into force on 1^st April 2015.

Yesterday, however, the Chancellor announced immediate changes to the current UK SDLT regime which will affect Scotland from now until the introduction of LBTT in April. Both new regimes will use a graduated system similar to the current UK

Cohabiting couples who buy a property together need to consider whether having the title in joint names adequately reflects the financial contributions each is making. Should you enter into a minute of agreement when buying a property jointly?

It is often the case that one party commits to paying a greater share of the required deposit than the other, even where subsequent mortgage payments are divided equally between the purchasers. Sometimes a parent or other relative provide a gift or loan to one individual to

Are you considering selling your property but perhaps don't know where to start or what paperwork may be required? Selling your property can be a stressful time. However, this process can be made less stressful if you know the issues which commonly arise during this process. So what are the common things to be aware of?

Do you know where the title deeds to the property are?

This is especially relevant if you have been in your property for a long time and are unsure

The Scottish Finance Secretary announced the rates at which Land and Buildings Transaction Tax Scotland will be charged. The New Land and Buildings Transaction Tax Scotland (LBTT), which replaces Stamp Duty (the lump-sum tax that anyone buying a property worth more than a certain amount is required to pay) for house purchases in Scotland from April 2015, will be charged at 2 per cent of the purchase price between £135,000 and £250,000, 10 per cent between £250,001 and £1million and 12 per cent on anything

To those who believe the legal profession to be a rather slow-moving and old fashioned beast it will come as something of a surprise to learn that we are about to enter a period of great upheaval in Scottish property law. Particularly in relation to the preservation of real burdens in title deeds.

Conveyancers are at present awaiting the provisions of the Land Registration etc. (Scotland) Act 2012 taking effect on 8 December 2014. The Act represents the most significant change in land registration in

Clients who come to us looking for advice on applying for Guardianship are often anxious that guardianship involves an application to the court and want to know what the Scottish Courts need.

Most are unaware of the procedures and timescales involved and are surprised to learn their application has to be supported by three independent Reports from:

- the adult's GP
- a psychiatrist
- a Mental Health Officer

Why are medical reports required?
The medical reports by the GP and psychiatrist confirm to the

In December 2013, Glasgow City Council and NHS Greater Glasgow and Clyde, in partnership with our firm, launched the 'Start the Conversation' campaign to raise awareness of the importance of Powers of Attorney. You may have noticed television adverts and a social media campaign encouraging all members of the public to discuss Powers of Attorney with their friends and family. So why is a power of attorney important?

The television and online campaign has now re-launched and renamed 'My Power of Attorney'. You may even

There is urgent need for advice and guidance following a landmark ruling in the Supreme Court which means that far more vulnerable adults than previously realised may have suffered a deprivation of liberty. It also calls into question the use of standard procedures of moving people into nursing homes.

The case concerned the rights of disabled people living in care facilities in England. The Supreme Court judgement was in respect of two conjoined appeals; which analysed the cases of two sisters with learning difficulties and

The Government made an announcement that they will be clamping down on the use of zero hours contracts and putting an outright ban on the use of exclusivity clauses within these contracts in the Small Businesses Bill which will be pushed through before the general election in 2015.

The term zero hours is not defined in legislation but is generally understood to be an employment contract between an employer and a worker, which means the employer is not obliged to provide the worker with any

Buying and selling property in Scotland has traditionally been based on the premise that you should 'let the buyer beware' - caveat emptor - with the onus being on the purchaser to satisfy themselves on the condition of a property. This central tenet of residential property law has been dealt something of a blow recently, due to the Consumer Protection from Unfair Trading Regulations 2008. Almost by stealth, the Consumer Protection Regulations have replaced the previous legislation (the Property Misdescriptions Act 1991) and now

From April 2015, Scottish care in the community will lose full NHS funding. Patients with complicated long-term healthcare problems will no longer have access to full NHS funding if they are cared for in the community as opposed to in hospital.

Currently, the 'NHS Continuing Healthcare' scheme operates so that patients with chronic conditions being treated in a care home setting or in their own home are entitled to have their care funded by the NHS.

This operates in addition to free personal care which

Are actions of division and sale fair? If one or more persons have title to a property in Scotland all of them need to consent if there is to be a sale of that property. If the parties cannot agree on a sale or one or more of them simply 'disappears' then Scots law provides a remedy for a co-owner who wants to dispose of their interest. The remedy is an action of Division and Sale. In circumstances where the property cannot be divided, as

Could your Power of Attorney be invalid? We were recently consulted by two clients wishing to apply for Guardianship of Mrs W, who had lost capacity to act on her own behalf. The application was sent to The Office of the Public Guardian ("OPG"), who advised that they already held a Continuing Power of Attorney for Mrs W on their register, granted in favour of a Bank in 2008. Mrs W had never mentioned this and the Applicants were unaware of its existence. Although the

A Power of Attorney is often essential when a loved one loses mental capacity or is vulnerable is some way, as it is often the case that they are no longer able to make their own decisions.

This can be a distressing and stressful time for all concerned. However, if a person has a Power of Attorney (POA) already in place it can help ease these pressures.

A POA is a legal authority given by one person to one or more individuals allowing them to

The Land and Buildings Transaction Tax (Scotland) Act 2013 (?LBTT Act?) might not sound exciting, but as the first tax Act to be passed by a Scottish Parliament in over 300 years it is certainly noteworthy for those with an interest in Scottish residential or commercial property.

Land and Buildings Transaction Tax (?LBTT?) is one of two areas of taxation over which the Scottish Parliament has derived legislative competence from the Scotland Act 2012, the other being Landfill Tax. It is intended that LBTT replace

The death of a loved one can be a very stressful and confusing time. At a moment when you are grieving you may also be faced with making important arrangements, such as what is an executor in a Will?

We know how hard it is to navigate your way through the process at such an upsetting time so here is a brief outline of the key issues you are likely to face.

Where do you start?

When someone dies there are immediate issues to deal

The High Hedges (Scotland) Act comes into force on 1^st April 2014 for those who are fed up with their neighbour's overgrown privet blocking their sunlight:

Under the High Hedges Bill, individuals will be able to approach their local authority for assistance if they are unable to come to an amicable solution with their neighbour, in circumstances where they feel that a 'high hedge' on neighbouring land is adversely affecting the reasonable enjoyment of their property.

The definition of a 'high hedge' includes a

As well as longer days and warmer weather, Spring traditionally brings with it an upturn in the Scottish housing market. However we all know that since the economic downturn hit in 2008, the number of properties changing hands has declined rapidly and the market has been stagnant for many years.

Signs of life?
Although the economy is yet to return to its pre-Credit Crunch state, signs of change started to show in the latter half of 2013 as growth and stability began to return to

We are pleased to be supporting broadcaster Sally Magnusson in the launch of her new book, "Where Memories Go: Why Dementia Changes Everything". The book discusses her mother's struggle with the illness and her family's experience and gives a very personal insight into the effects of dementia on Sally's family. Alzheimer Scotland have organised a panel of experts for an open debate and panel discussion, chaired by Sally, to further explore the areas and challenges raised in the book, supported by TC Young.

How would

In a major appeal decision Sheriff Principal Kerr, North Strathclyde, has confirmed that Wills may be made for vulnerable adults with incapacity using powers under Part 6 of the Adults with Incapacity (Scotland) Act 2000. Unlike the procedure for making "statutory Wills" in England, there is no explicit procedure for doing the same in Scotland. Are you thinking about making a Will for a vulnerable adult?

Following the passing of the 2000 Act, with a limited number of express exceptions, an intervention order could be

Should guardianship and mental health laws be abolished? This is the proposal of a committee set up under the UN Convention on the Rights of Persons with Disabilities. The same has also been proposed by the European Union's Fundamental Rights Agency.

I believe these proposals are gravely discriminatory against some of the most vulnerable people in society as some people are unable, with any amount of help, to act and decide validly for themselves.

Without guardianship or similar protections, many vulnerable people can be seriously

It is, thankfully, relatively unusual for a seller of a property to be faced with a buyer who pulls out of a house sale and refuses to fulfil their obligations under a contract. But it sometimes it does! So what happens when a buyer pulls out of a house sale?

On the rare occasions that this does occur, it has generally been accepted that the seller's best option is to rescind the contract ('missives' as they are known in Scotland) and to claim damages from

On 1 August 2013, the Law Society of Scotland published new guidance on "Vulnerable Clients". This guide looks at situations where a solicitor's client may have impaired mental capacity or is vulnerable to being bullied into doing something. A second set of guidance covers the risks relating to granting a Power of Attorney.

New guidance was recommended by the Mental Welfare Commission for Scotland (MWC) in a report published in 2012. This followed an investigation into the case of Mr and Mrs D, a couple

As a factor, how can you ensure your factoring paperwork is legal. Should you use deeds of conditions or a written statement of services?

The establishment of the Homeowner Housing Panel (HOHP), provides a forum for homeowners to challenge whether their property manager / factor has failed to carry out their factoring duties, or breached the Code of Conduct. The most important decision from the HOHP thus far can be found in a recent case brought by Mr Park against Hacking and Paterson  (the Factor).

The Green Deal in Scotland encourages homeowners and tenants to introduce energy saving measures to their properties. It has been promoted as a solution to solving some of the problems which put off individuals financing energy saving improvements to their homes. 

When Green Deal finance has been obtained there is no requirement to repay the loan in the standard way, instead the money is recouped by the energy supplier by way of added charges to their energy bill. Another feature is that the obligation does

The Adults with Incapacity (Scotland) Act 2000 authorises a Sheriff to take steps on behalf of a person who has lost capacity to act for himself. The Sheriff must be satisfied that it is appropriate to intervene in the Adult's financial affairs in terms of the principals of the Act. So when can a court intervene in financial affairs?

Our recent case of JM and Mrs JM, is described by the Sheriff as a 'proper' example of this.

In 1997, a couple obtained a

End of life decisions may raise questions about assisted suicide. The European Court of Human Rights has held that Switzerland is in breach of the European Convention on Human Rights, as it does not provide sufficient guidelines clarifying when a patient is entitled to ask for, and receive, a lethal prescription.

Doctors refused to provide a lethal prescription to a lady suffering a serious but not immediately life-threatening condition. The court accepted that it is for each state to address the "difficulties in finding the

Sunlight in Scotland is a rare enough thing and we cherish each moment we can get. If you have a neighbour who does not or cannot keep a boundary hedge under control and at a manageable height, you may be losing out on this precious resource. Disputes over the height of boundary hedges (whether the dreaded leylandii, other evergreen or deciduous trees or shrubs separating theirs and yours), can be a bit of a powder keg issue especially when emotions run high (no pun intended!!).

Do you fall into the 60% of the population who do not have a Will? A survey found that the majority of those who didn't have Wills knew it was something they should do, but had just not got round to it? If you fit into that description, why not start the New Year by ticking making a Will from your 'to do' list?

What happens if I don?t make a Will?

Many people delay making a Will as they believe their affairs are straightforward

Problems with your neighbour's leylandii? Are their trees blocking out the morning sun and they won't do anything about it? Well, the Scottish Parliament looks set to provide you with a helping hand following the introduction of the High Hedges (Scotland) Bill as a private member's Bill in October 2012.

The proposed legislation would give someone recourse to their local authority if they are unable to come to an amicable solution with their neighbour in circumstances where they feel that a "high hedge" on neighbouring