Jurisdiction(s):
United Kingdom

Scottish dispositions: drafting checklist for real burdens and title conditions—creation, affirmative/negative and reciprocal burdens, use/building restrictions, personal burdens, and registration

Published by a LexisNexis Property expert

Checklists

This Checklist outlines the matters to weigh up and assess when preparing real burdens and title conditions in dispositions in Scotland. It looks in particular at real burdens concerning restrictions on use, alterations and works, as well as personal real burdens. For detail on the nature of real burdens and how they are created and construed, see Practice Note: Real burdens in Scotland—creation and interpretation. For real burdens addressing maintenance duties, see Practice Note: Real burdens dealing with maintenance obligations in Scotland. In this Checklist, the land affected by the burden is called the ‘burdened property’ and the land that enjoys the burden is the ‘benefitted property’.

Drafting considerations

When preparing a disposition, first ask whether imposing real burdens is required. It might be adequate simply to depend on:

common law, e.g. the common laws regarding boundaries
planning law (which will have a significant effect on proposed land uses)
the Tenement Management Scheme (brought in by section 4 and Schedule 1 to the Tenements (Scotland) Act 2004 (T(S)A 2004)) (see Practice Note: Real burdens dealing with maintenance obligations in Scotland—Tenement Management Scheme)

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Emma Gray

Blackadders

Emma trained and spent the first 13 years of her career in with Burness Paull prior to joining Blackadders in 2013 to head up the Commercial Property team. Emma is highly experienced in all aspects of commercial property including acquisitions and disposals, developments and investment work and landlord and tenant work (with wide ranging experience in both the office and retail and leisure sectors). Over the years Emma has particularly enjoyed acting for clients in the retail and leisure sector where she has considerable expertise. Being dual qualified under Scots and English law, Emma enjoys working on transactions with UK wide portfolios. This is particularly welcomed by clients in the retail sector with a national presence.Emma offers extensive experience in property finance, acting for lenders in secured lending transactions. Clients value her “can do”, commercial approach. Emma also acts for a number of large scale...

Leanne Hill

Blackadders

Leanne is a partner in the Commercial Real Estate team at Blackadders LLP based in the Aberdeen office but servicing clients throughout Scotland. She advises a broad range of clients on all their property requirements with a particular focus on investment transactions including acquisitions, disposals and asset management, primarily on office, retail and industrial assets. She has a strong background in acting for both lenders and borrowers on high value real estate finance transactions and property development work. Leanne also has significant expertise in dealing with the property aspects of corporate, restructuring and complex cross-border property deals....

Web page updated on 20/05/2026

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