Drafting real burdens and title conditions in dispositions—Scotland—checklist

Produced in partnership with Emma Gray of Blackadders and

Checklists

Drafting real burdens and title conditions in dispositions—Scotland—checklist

Produced in partnership with Emma Gray of Blackadders and

Checklists

This Checklist sets out issues to consider when drafting real burdens and title conditions in dispositions in Scotland. It considers specific real burdens relating to use restrictions, alterations and works and personal real burdens. For further information on what real burdens are and their creation and interpretation, see Practice Note: Real burdens in Scotland—creation and interpretation. In relation to real burdens dealing with maintenance obligations, see Practice Note: Real burdens dealing with maintenance obligations in Scotland. In this Checklist, the property subject to the burden is referred to as the ‘burdened property’ and the property with the benefit of the burden, the ‘benefitted property’.

Drafting considerations

When drafting a disposition consider first whether it is necessary to impose real burdens. It may be sufficient to rely on:

•
common law, eg the common laws regarding boundaries
•
planning law (which will have a considerable impact on proposed land uses)
•
the Tenement Management Scheme (introduced by section 4 and Schedule 1 to the Tenements (Scotland) Act 2004 (T(S)A 2004)) (see Practice Note: Real burdens

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 housing developers and also for landowners of strategic development land with large scale housing and mixed use projects.

Areas of Practice: Commercial Property (landlord and tenant, property finance, property development, house builder, property investment, retail and leisure).