David Bartos advocate, Edinburgh, Scotland

Property Law

“Buy land, they’re not making it anymore”, said Mark Twain.

With the demand for building land ever increasing, the use of land for recreation ever increasing, and the use of land for all manner of purposes increasing, there has never been a more exciting time in the field of Scots property law. And that makes no mention of the global warming-like effect in this area over the last few years. The familiar icecaps of medieval and Victorian feudal law, and the law of trespass have suddenly melted to leave new but often unclear waters such as the Abolition of Feudal Tenure e.t.c. (Scotland), the Land Reform (Scotland), the Title Conditions (Scotland) and the Tenements (Scotland) Acts.

Add to the mix the continuing parts of the law relating to servitudes, public rights of way, standard securities (mortgages) and leases this makes for a very interesting area of law in which to practice. Further changes are likely in relation to land registration and leases themselves. My interest in this field was stimulated by attending the lectures and seminars of Professors Reid and Gretton in the 1980s and I have continued to develop my interest ever since.

The fields in which I have acted for clients include –
• Access,
• Boundary and ownership disputes,
• Common good land,
• Compulsory purchase,
• Council house purchase,
• Council tax liability,
• Conveyancing mistakes,
• Encroachment,
• Fraudulent mis-selling,
• Gift,
• Goods and equipment,
• Human rights,
• Landlord and tenant (leases), including agricultural leases, commercial leases, crofts and residential tenancies,
• Land registration
• Liferent,
• Missives,
• Nuisance,
• Partnership,
• Planning,
• Prescription,
• Public rights of way,
• Real burdens
• Roads,
• Servitudes, including access and water provision disputes,
• Solicitor negligence,
• Standard securities (mortgages),
• Surveyor negligence,
• Water rights.

If you would like more details, please contact me or my practice manager at Terra Firma Chambers.