The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interesting aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.
It seems hard to believe that when the property industry named 2018 the year of the CVA we would now be looking back to those times as the good old days. Fast forward to January 2021 with the UK in a second lockdown, the COVID 19 pandemic is having wide ranging economic repercussions.
Registers of Scotland is consulting customers and stakeholders on whether the ability to upload and submit land register applications to the Keeper digitally via the DSS should be made available permanently.
As a result of the increasing prevalence of land in Scotland being registered on the Land Register of Scotland, we are seeing a spike in enquiries relating to prescriptive rights of access; both in terms of the creation and the affects they have on the burdened title. Prescriptive rights are established through 20 years of open, peaceable use, without judicial interruption. Evidence of such use should be obtained by a solicitor and stored.
Harper Macleod Partner Carolyn Morgan represented one of the successful defenders in EE Limited and Hutchison 3G Limited v Duncan and Others. The Scottish Lands Tribunal decision in this case offers some protection for landowners facing demands from telecom operators to renegotiate lease terms for masts on their land.
Registers of Scotland (RoS) is increasing its fees, including the cost of registering property deeds, from Monday 5 October 2020. This means that there will be an increase in outlays incurred in a property transaction which settles on or after that date. We have set out the key price changes, as well as examples of what they mean in practice.