Stuart King

This Practice Note summarises the various types of access rights in Scotland and issues that may arise in relation to access in property transactions and developments including the extent of publicly adopted roads, ransom strips, servitudes for access, public rights of way, the right to roam and tenement access rights.

This Practice Note considers how to deal with rights of pre-emption in Scotland. It identifies the types of rights of pre-emption that may be encountered and details how to deal with these as part of a conveyancing transaction. This Practice Note does not cover rights of pre-emption created in leases.

This Practice Note sets out some of the more common issues which may arise during site assembly and procuring vacant possession of land in Scotland for development purposes, including access rights, servitudes for utilities, dealing with real burdens, rights of pre-emption and the community right to buy, boundaries, archaeological features and human remains, sites of special scientific interest (SSSI), environmental clean-up liability, coal and mining issues, telecommunication code issues and securing vacant possession.