Property law in Scotland

At a very basic level property law involves buying, selling and leasing property while ensuring that properties possess all the necessary rights for their enjoyment.

A property law solicitor's work

Property lawyers work with all sorts of clients from large investment companies to banks, developers and individuals buying property to occupy or let. They also work with other professionals and agents involved in sourcing, financing, investigating and managing properties. The main areas within property law are investment, development, leasing, financing and management. Property is one of many areas becoming more specialised and within any medium-to-large firm in Scotland you will find that the property lawyers are specialists in different parts of property law.

In a typical residential property case, lawyers will meet with clients to discuss how to acquire or sell a property. Assuming that the vendor wishes to sell, the purchaser’s lawyer will prepare the offer, setting out the terms and conditions on which their client is prepared to purchase. The purchaser’s lawyers will then negotiate with the seller’s lawyers on the content of the contract, each lawyer seeking instructions from their respective client along the way. The lawyers will then draft and negotiate the terms of the security documentation and title deeds to transfer the property to the purchaser.

The length of time spent on any particular transaction depends on many factors including the requirements or bargaining position of the purchaser or the seller, the lender’s requirements, the satisfaction of conditions in the contract (such as the obtaining of planning permission), rectifying title defects, and the availability and timing of funding. A straightforward site acquisition could be completed in two weeks but this is a very rare occurrence.

The number of lawyers acting on behalf of a purchaser for a site acquisition could range from one to ten or more, depending on the size and complexity of the transaction. A small site would be handled by one solicitor but it is likely that a trainee would become involved in the due diligence exercise, examining the title and searches and dealing with the requisitions on title.

One of the best parts about practising in this area is the nature of the job. There are rarely two transactions that are the same and new problems, issues and scenarios present themselves all the time. The worst part of the job is keeping up with the demand. In today’s working culture, everything is needed yesterday.

Skills required

• Good drafting and negotiating skills.
• The ability to organise and prioritise workloads.
• Client-handling skills.

Traineeships in property law

Property trainees are never idle and will be given smaller value transactions to complete themselves. In larger transactions they will be part of a larger team, generally supporting the due diligence exercise. A property trainee will usually work the same hours as qualified lawyers although this will vary depending on the type of transaction they are working on and the stage that the transaction has reached.

Types of law practised

• Contract.
• Environmental.
• Mortgage and security.
• Planning.
• Property.
• Tax.

About the author

IAIN McLEAN is a partner in the property department at BIGGART BAILLIE LLP.  He graduated from the University of Edinburgh in 1983 with a degree in law.