Are the conditions in your commercial property title clear?
While most people probably think that if they own a property, they can do what they like with it (within reason), that is not the case.
In fact, most titles to property in Scotland contain title conditions that regulate how the property may be used or managed (called “real burdens”) or provide for access and services (known as “servitudes”).
Short-term lets in Edinburgh: An opportunity for a rethink on the approach to secondary letting
On 8 June 2023, following consideration of a judicial review, there was a significant legal ruling that the City of Edinburgh Council’s Short-Term Lets Licensing Policy is unlawful. Further orders as to the next steps are now awaited.
Leases v Licences – The penalty for poor drafting is litigation
"The penalty for poor drafting is litigation" is a remark made by a Scottish judge in a recent property related dispute.
As slogans go, it's not bad. It's maybe not as catchy as Nike's "Just Do It" but it's a good one for real estate lawyers.
Is varying a title condition to allow a care home to operate from a residential property in the public interest?
Post the Covid-19 pandemic, we have seen an increasing number of enquiries from clients wishing to vary or discharge conditions in their title deeds, which may prevent them using their property in the way they would like, for example, by building an extension or operating a business from it.