Property Law

The Civil Law Division of the Justice Department has undertaken a co-ordinated programme of property law reform.

It was based on proposals by the Scottish Law Commission which is the statutory body that promotes law reform in Scotland. The Reports of the Scottish Law Commission are available on their website.

This area of law that governs the various forms of ownership and tenancy in property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon.

Current Issues

Long Leases (Scotland) Act 2012

Royal Assent for this Bill was given on 7 August 2012.  We are currently working on the commencemet of the Act which will fully come into force on 28 November 2015. 

Maintenance of Land on Private Housing Estates

You can find the consultation analysis here.

You can find the consultation responses here.

Common Repair, Common Sense - A short guide to the management of tenements in Scotland

Following the change in functions of Consumer Focus Scotland the copyright for their publication Common Repair Common Sense has transferred to the Scottish Government.

A detailed version of the publication can be found here.

A short version of the publication can be found here.

Contact

Scottish Government
Family & Property Law
Civil Law & Legal System Division
2nd Floor West
St Andrew's House
Edinburgh
EH1 3DG.

 

Email : propertylaw@scotland.gsi.gov.uk

Page updated: Friday, May 17, 2013