Welcome to Millar & Bryce’s new knowledge centre. We are delighted to introduce our one stop online hub featuring topical information which we hope will be of use to you as a conveyancing professional.

Our knowledge centre features a wealth of articles and news items from across the profession covering a wide range of topics and issues.

Complementing our knowledge centre we have launched an online blog which will feature informative and thought provoking articles from our experts at Millar & Bryce and from guest bloggers across the profession. We have also launched our online forum to provide an opportunity for debate and discussion of topics that are of interest to professionals across the whole of the land and property sector.

  • Our product suite includes core reports which provide key information from our extensive digital database, maximising our expertise in managing mining risk in property transactions. The CON29M mining report is our most popular report, which satisfies the ScotForm (2006) requirements. The CON29M provides answers to a set of questions, agreed by the Law Society, on mining risks, in a simple to digest table at the beginning. Our CON29M report includes information on: past underground coal mining present underground coal mining future underground coal mining mine entries coal mining geology past opencast mining present opencast mining future opencast mining coal mining subsidence mine gas hazards related to coal mining information from the Cheshire Brine Subsidence Compensation Board For non-residential or commercial... View Full Article

  • We hope that it is of interest to students, legal trainees, paralegals as well as seasoned practitioners who need a little help with the changes that have come about as a result of the new Land Registration Act and the other legislative changes in the past ten years. Click here to access the guide.

  • The existing legislative framework There are a number of requirements that should be addressed before a Lease of a residential property should be granted in Scotland. These can be summarised as follows: (a) Obtain the consent of any mortgage lender – an ordinary residential security in Scotland prohibits the borrower from granting a Lease unless the lender grants its consent. Sometimes, a lender will insist upon a mortgage being a specific buy-to-let format in these circumstances; (b) Advise your buildings insurance company of the tenancy being granted – a failure to do so may allow the insurers to withhold funds in the event of a claim as a result of the key facts of the policy being incorrect. The insurers’... View Full Article

  • The main issue in defining a lease arises where parties argue that what exists is not a lease at all but a licence. A licence can be defined as “a contract falling short of a lease whereby not the heritage itself but a right to use a particular part of it or to put a particular part of it to some use is granted.” (Paton and Cameron). It is significant to identify the difference between a licence and lease. If it is a licence the tenant will not acquire a real right valid against the landlord’s singular successors. The landlord on the other hand will not have the remedies open to him of hypothec or irritancy if iot is a... View Full Article

  • The rule of ownership in respect of all three is the same: the Crown owns the bed (alveus) of tidal waters, up to and including the foreshore. The foreshore is that part of the alveus between the high and low water marks of ordinary spring tides. The Crown is the only party entitled to sell or grant other real or personal rights to the foreshore or alveus of tidal waters to a third party, for example, the grant of a lease of part of the sea bed for fish farming or for permanent moorings. Rights to the foreshore of tidal waters are not granted automatically by a grant of lands adjacent to tidal waters. Any grantee of a right over... View Full Article