A full and authoritative account of conveyancing law and practice in Scotland during 2010. As usual, the coverage includes all reported cases, all statutory developments, other material of interest to practitioners.
The authors analyse court decisions on subjects as diverse as the procedure for majority variation of deeds of conditions; the meaning of facility burdens; whether there must be good faith in the exercise of a right of pre-emption; interpretation, both of real burdens and of descriptions; the alteration of the route of a servitude of way; public rights over the verge of a road; the meaning of expressions such as 'reasonable endeavours' and 'best endeavours'; and the use of the Lands Tribunal to vary inequitable maintenance provisions in the titles of tenements. Particular attention is given to the decision of the Supreme Court in Royal Bank of Scotland v Wilson, requiring a calling-up notice to be served prior to sale by a heritable creditor, and to the further important changes made to enforcement of standard securities by the Home Owner and Debtor Protection (Scotland) Act 2010.
|Publisher:||Avizandum Publishing Ltd|
|Author(s)||Reid, KGC and Gretton, G|