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Conveyancing 2016

Kenneth Reid, Professor of Scots Law at the University of Edinburgh and George Gretton, Lord President Reid Professor of Law at the University of Edinburgh

Conveyancing 2016, the eighteenth volume in the series, offers a full and authoritative account of conveyancing law and practice in Scotland during the year 2016. As usual, the coverage includes:
• all reported cases
• all statutory developments
• much other material of interest to practitioners
The authors analyse court decisions on topics as diverse as missives of sale; tenement repairs; servitudes; wayleaves; land registration; positive prescription; standard securities; the community right to buy; judicial rectification; break options; the effect of errors in notices; the application of personal bar to oral leases; tenancy deposit schemes; and special destinations.
Particular attention is given to enforcing real burdens, servitudes of parking, Keeper-induced registration, and e-conveyancing.
There is consideration of the Land Reform (Scotland) Act 2016 and the Private Housing (Tenancies) (Scotland) Act 2016, and a review of the increasingly complex pattern of property taxes in Scotland with an emphasis on the additional dwelling supplement.
Written in a clear, direct style, Conveyancing 2016 is an essential guide for practitioners to this fast-moving area of law.


Land Registration

The law governing the Land Register of Scotland is substantially recast by the Land Registration etc (Scotland) Act 2012, which came fully into force on 8 December 2014. In addition, the 2012 Act provides for the phasing out of the Register of Sasines, a register of deeds which has been in continuous use for the last 400 years. The Scottish Government’s target is for all titles to have migrated from the Register of Sasines to the Land Register by 2024.

These momentous changes are the subjects of the present book. After introductory chapters tracing the history of land registration in Scotland from its beginnings in the sixteenth century until modern times, Professors Reid and Gretton provide a detailed and authoritative guide to the new law as set out in the 2012 Act and in the numerous statutory instruments made under that Act. Among the topics covered are:

  • the structure and contents of the Land Register
  • plans and the cadastral map
  • applications for registration
  • the completion of the Land Register by 2024
  • advance notices
  • inaccuracies and their rectification
  • realignment of rights
  • the Keeper’s warranty
  • liabilities of those using the land registration system
  • examination of registered titles
  • positive prescription anda non dominodispositions

 Kenneth Reid is Professor of Scots Law in the University of Edinburgh and George Gretton is Lord President Reid Professor of Law Emeritus in the University of Edinburgh.


Crofting Law

Crofting law has recently been subject to substantial reforms as part of the Scottish Government’s land reform programme. Developments include the renaming and reorganisation of the Crofters Commission; the introduction of a registration system for crofts, common grazings and land held runrig in them; and provision for decrofting by owner-occupier crofters. The authors draw on their experience to provide this accessible and practical guide through the complex web of legislation. This new text is the first to cover the Crofting Reform etc Act 2007, the Crofting Reform (Scotland) Act 2010, and the Crofting (Amendment) (Scotland) Act 2013.

Derek Flyn, Solicitor, is crofting law consultant to Inksters and Keith Graham is the former Principal Clerk to the Scottish Land Court


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