£200 + VAT (member) / £250 + VAT (non-member)
Our new online conference will consider a range of topics from the implied rights of enforcement of real burdens and the continuing land reform developments to sequestration, short-term lets and telecommunications.
Chaired by Malcolm Combe of the University of Strathclyde, our panel of speakers includes Dr Rebecca MacLeod of Anderson Strathern, Andrew Ferguson, Michael Upton from Themis Advocates, Professor Nicholas Grier of Abertay University and Kevin Clancy from Shepherd & Wedderburn.
What's being covered?
Real burdens and implied rights of enforcement
This presentation will provide an overview of the implied rights to enforce, which are contained in Part 4 of the Title Conditions (Scotland) Act 2003, with an emphasis on sections 52 and 53. Decided cases will be considered, as well as some points to remember when applying the law in this area. Finally, the Scottish Law Commission’s proposal for reform of sections 52 and 53 will be outlined.
Rebecca MacLeod, Anderson Strathern
Land reform – review of existing community rights to buy, and the implementation of the Land Reform (Scotland) Act 2025
The landmark Land Reform (Scotland) Act 2025 is not yet fully implemented, but what should conveyancers now know and what might be anticipated as this new term of the Scottish Parliament progresses? Separately, in March 2026 the Scottish Government published its Review of the community rights to buy that are already in place, and an update will be provided about those existing rights and likely changes to them.
Malcolm Combe, University of Strathclyde
Recent developments in common good law
Andrew discusses some common good property cases, including Guild v Angus Council, and the more recent case of West Lothian Council, Petitioners. He also outlines some other areas of common good law based on his recent experience acting as consultant for various councils.
Andrew Ferguson
Telecoms Update
Michael will summarise significant case-law on the 2017 Electronic Communications Code, outlining the wide scope of compulsory rights that telecoms operators can obtain through Lands Tribunal applications; the paradigm is the new site, but in practice the right to replace existing agreements with terms more favourable to operators is also important. The Tribunal’s ’tariff’ of rents will be reviewed along with landlords’ rights to compensation, and the special cases when Code applications may be successfully defended.
Michael Upton, Themis Advocates
Short term lets update
What are the current developments in the world of short term lets? Kevin will lead a discussion on the implementation of the regime to date, practical issues coming up at licensing committee hearings, the difficult interaction between planning and licensing, enforcement activity and the renewal process.
Kevin Clancy, Shepherd & Wedderburn
Sequestration deconstructed
On average there are about 1300 sequestrations each year in Scotland. One of them might be a client of yours - though you only discover this at the last minute. Even solicitors are sometimes sequestrated. Time to find out more.
Professor Nicholas Grier, Abertay University
