Scots property work covers heritable and moveable property, the sale and transfer of land, commercial and agricultural leases, servitudes (easements), standard securities (mortgages), title defects, prescriptive acquisition and co-ownership and trust arrangements over land. Scottish solicitors draft and negotiate missives and the disposition, create and register standard securities and other real rights in the Registers of Scotland, carry out searches and due diligence, lodge inhibitions and raise actions in the sheriff court or the Court of Session, and pursue remedies such as interdict or decree to resolve title, boundary or security disputes. Transactions are governed by the terms of missives and disposition, registration in the Land Register of Scotland, priority of real rights and the rules of prescription.
What a solicitor handles in these matters
Scottish transactions require handling of missives and the subsequent disposition and registration with the Registers of Scotland, and careful management of standard securities and priority of real rights. A solicitor deals with drafting and settlement of missives, registration of title and security, lodging inhibitions, advising on positive prescription, and instituting or defending actions in the sheriff court or Court of Session that determine title and enforcement of security.