“The forms and precedents section is essential so that I can quickly and easily look up provisions to include in templates or bespoke project contracts.”
RWEAccess all documents on Waygo
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....
This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...
Letting farmland is tightly governed by law. In Scotland, ordinary commercial leases are influenced by statute only to a limited extent, whereas for agricultural property the opposite applies... Types of Agricultural Leases There are four categories of agricultural lease: 1991 Act Tenancies, often termed ‘traditional’ or ‘secure’ tenancies, regulated by the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) 2003 Act Tenancies, of which there are several forms, regulated by the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003) grazing tenancies unusual tenancies, principally liferent leases and indefinite tenancies, which are not covered in this Practice Note Crofting tenancies distinguished from agricultural leases Although a lease in legal terms, a croft tenancy held by the crofter constitutes the primary interest in the croft land occupied. Landlords of crofts hold very limited rights. While a croft began in its 19th-century origins as a small area of land worked by the crofter, the number of crofters now actively engaged in agriculture is...