Land Register of Scotland meaning

In this issue: Key developments and horizon scanning Environment, energy and buildings Transferring property Property development Property management Property taxes Property in Wales Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers Key developments and horizon scanning Government response to contractual controls on land consultation The Ministry of Housing, Communities and Local Government (MHCLG) (previously the Department for Levelling Up, Housing and Communities) has issued its reply to the consultation on contractual controls over land. The consultation sought opinions on proposals to improve openness around land held under private arrangements—such as options, conditional contracts and rights of pre-emption—by establishing a freely available dataset. MHCLG’s reply draws together respondents’ views and sets out decisions and forthcoming actions, including new duties to provide HM Land Registry (HMLR) with details of contractual control arrangements. MHCLG has also released draft regulations—The Provision of Information (Contractual Control)...

In this issue: Trusts Court of Protection UK taxes for Private Client HMRC Manuals updates Insolvency—Private Client Charity and philanthropy Contentious trusts and estates Scotland, Wales and Northern Ireland International Question of the week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&A Useful information Trusts Companies House publishes guidance on removal of overseas entities from register Companies House has issued guidance setting out the process for taking an overseas entity off the Register of Overseas Entities. It applies where the entity no longer holds registered title to UK land or property acquired on or after 1 January 1999 in England and Wales, 8 December 2014 in Scotland, and 5 September 2022 in Northern Ireland. The guidance confirms the entity must have disposed of all UK property or land, and the transfer of ownership...

In this issue: Statutory compliance Environment, energy and buildings Property development Property management Transferring property Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers Statutory compliance In Triathlon Homes LLP v Stratford Village Development Partnership [2024] UKFTT 26 (PC), the First-tier Tribunal (FTT) offered guidance on applying the ‘just and equitable’ criterion to Remediation Contribution Orders under section 124 of the Building Safety Act 2022 (BSA 2022). For further analysis by Andrew Butler KC, Tanfield Chambers, London, see: Building Safety Act 2022 (Remediation contribution orders) ‘just and equitable’ test (Triathlon Homes LLP v Stratford Village Development Partnership and others). The Law Society has issued a guide for conveyancers on the BSA 2022, prepared with government and industry in response to concerns from property practitioners. Produced at members’ request, it assists those advising sellers and buyers of leasehold properties where the BSA...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

The rules regarding Scottish electronic documents and their execution are contained in: Requirements of Writing (Scotland) Act 1995 (RW(S)A 1995) Assimilated Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (as amended by the Electronic Identification and Trust Services for Electronic Transactions (Amendment etc) (EU Exit) Regulations 2019) (UK eIDAS) Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012) Electronic Documents (Scotland) Regulations 2014, SSI 2014/83 Land Registration etc (Scotland) Act 2012 (Commencement No 2 and Transitional Provisions) Order 2014, No 41 (C 4) (2014 Order) Land Register of Scotland (Automated Registration) etc Regulations 2014, SSI 2014/347 Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (LW(CD)(S)A 2015) The Law Society of Scotland has produced a third edition of its guidance on electronic execution of documents: Law Society of Scotland—Electronic signatures guide (Third Edition). Assimilated law is the term used for retained EU law (‘REUL’) that continues in force after the...

Types of security Under Scots law, the range of security interests is narrower than those available in English law. The form of protection depends on the particular class of asset being charged. This Practice Note reviews the securities obtainable over particular asset types before addressing the floating charge, a form of security that may be created by Scottish companies or limited liability partnerships. Fixed security Land and buildings The recognised fixed security over real estate assets in Scotland, available to both individuals and companies, is the standard security. A standard security may be granted over an interest in land that is recorded or registered in the General Register of Sasines or the Land Register of Scotland. Note the General Register of Sasines ceased to accept, among other matters, recording of new standard securities from 1 April 2016. From that day, a borrower granting security over a property appearing in the General Register of Sasines must first seek voluntary registration of their title in the Land Register...

We, [ insert name of Lender/Security Agent ], being a company incorporated in [ Scotland OR England and Wales ] pursuant to the Companies Acts with Registered Number [ insert company number ] and with our Registered Office at [ insert address ] [ in its role as [ insert, eg security trustee/agent ] for the...