Conveyancing at Scots Law 2023

We are delighted to be returning to the Hilton Glasgow for the first in our Scots Law 2023 Conference Series, exclusively available to delegates in person on the day.

Conveyancing practice now encompasses a far wider range of knowledge and skills than ever before.

Chaired by Professor Kenneth Ross of the Loch Lomond & Trossachs National Park Authority this new conference will include topics ranging from positive prescription, short-term lets and current property tax issues and ordering a Plans Report to the Scottish Law Commission's tenement compulsory owners’ association project, the operation of the Register of Community Interests and risk management for conveyancers.

Questions to be considered will include:

• how do you know the extent of a prescriptive servitude?
• what are the projects to be covered within the Scottish Law Commission’s new 5-year programme?
• what is the latest position in relation to the controversial short term let licensing regime?
• what are the current tax issues for property lawyers?
• what do you need to consider before ordering a Plans Report?
• how has the new Register of Persons Holding a Controlled Interest in Land been operating since its launch?
• what can you do to avoid a claim under the Master Policy?

We look forward to welcoming you to this comprehensive conference only available in person at the Hilton Glasgow.

What’s being covered?

Positive prescription

In this session, Professor Paisley will consider: how you know the extent of a prescriptive servitude; how you know what the right comprises; and what the right entitles your clients to do.

Professor Roddy Paisley, University of Aberdeen

Short term lets licensing – where on earth are we now?

Stephen McGowan will look at the controversial short term let licensing regime and provide an up to date analysis on the scheme, what types of commercial and domestic properties are exempt, how licensing authorities have been dealing with any applications and the latest on the timeline and extension of the transition deadline to the new regime.

Stephen McGowan, TLT LLP

Scottish Law Commission update: Owners’ associations for tenements

Professor Frankie McCarthy will provide an overview of the current SLC project on the introduction of compulsory owners’ associations in tenement buildings. A discussion paper on the proposals will be open to public consultation later this year. She will also note other projects to be covered within the Commission’s new five-year programme which may be of interest to conveyancers.

Professor Frankie McCarthy, University of Glasgow

Current tax issues for property lawyers

In recent years, the amount of tax knowledge which clients expect their conveyancers to have at their fingertips has increased drastically. However, as such taxes become more complicated and onerous, many practitioners are understandably reluctant to get involved in this area. Unfortunately, this can leave one open to some of the pitfalls awaiting the unwary. In this presentation, Alasdair Johnstone will look at three of the areas which can often cause the most difficulty and concern. This will include the complex area of Land and Buildings Transaction Tax (LBTT) regime and the Additional Dwelling Supplement (ADS) – both of which can be a minefield to navigate. Alasdair will also look at the capital gains tax 60-day reporting requirements, which marks a substantial departure from how house sales were reported to the Revenue. Finally, the often forgotten Annual Tax on Enveloped Dwellings (ATED) will be covered, detailing how to ensure one’s corporate clients can remain on the correct side of HMRC.

Alasdair Johnstone, Anderson Strathern

Ordering a Plans Report and getting it right first time

This year we will look at what you need to consider before you order a plans report. We will examine the issues that can arise with flatted property including shops and main door flats. Finally we will have a look at ScotLIS and explain how to get the most out of this service.

Derek Hand, First Scottish

Register of Persons Holding a Controlled Interest in Land

In this session Nikki Duke and Lynne Johnstone of the Registers of Scotland will provide an overview of and insights into the operation of the Register of Persons Holding a Controlled Interest in Land.

Nikki Duke & Lynne Johnstone, Registers of Scotland

Risk management for conveyancing solicitors – an update

This session will look at recurring themes of claims under the Master Policy in relation to property transactions and what practitioners can do to avoid them, as well as strategies and procedures solicitors can adopt to protect themselves should a claim arise.  Topics covered will include substantive property law risks and more procedural issues, and the resources Lockton offers to support the profession.

Kenneth Law, Lockton

This conference is proudly sponsored by First Scottish

.