University of Edinburgh, South Bridge, Edinburgh, Edinburgh EH8 9YL, UK
0131 215 1858
This series is now finished.
The materials to accompany this seminar can still be purchased. The price is £40 per set. If you wish to purchase the materials please email firstname.lastname@example.org with your details.
For the twenty-sixth successive year, Professor Kenneth Reid and Professor George Gretton will be giving a comprehensive and indispensable review of the cases and statutory developments during the past 12 months which affect conveyancing law and practice. As always, this popular seminar will be chaired by Alan Barr, University of Edinburgh and Brodies LLP.
In 2016 it was finally decided that a right of parking could be constituted as a freestanding servitude. Implied servitudes were also under consideration, with the Inner House pronouncing on their scope and availability. There was welcome authority on the meaning of a common scheme for the purposes of ss 52 and 53 of the Title Conditions (Scotland) Act 2003, and on whether a seriously blundered description in a standard security might yet be valid or at least capable of rescue. Two different cases scrutinised the rules for payments due under wayleaves. The topics covered in the many decisions on leases included break options, the effect of errors in notices, the application of personal bar to oral leases, and tenancy deposit schemes. Other matters to attract the attention of the courts included missives of sale, tenement repairs, the variation and discharge of real burdens, land registration, positive prescription, standard securities, the community right to buy, and judicial rectification. The main legislative events of 2016 were the Land Reform (Scotland) Act and the Private Housing (Tenancies) (Scotland) Act.
These and other developments in the law will be discussed and evaluated during the seminar. There will be an opportunity for questions. A substantial set of materials will give the full text of the talks, and will also list and summarise all cases and statutory material from 2016. As in previous years, each delegate will receive a copy of the revised materials when published in book form by Avizandum Publishing Ltd in spring 2017.
George Gretton is Lord President Reid Professor of Law Emeritus at The University of Edinburgh and Kenneth Reid is Professor of Scots Law at The University of Edinburgh.