The Conveyancing Conference at Scots Law 2023

We are delighted to be returning to Murrayfield Stadium for the next in our Scots Law 2023 Conference Series, exclusively available to delegates in person on the day.

From boundary repairs to heritable securities via Registers of Scotland developments and many points in between, our annual conference will provide all conveyancers with a comprehensive rundown of the key topics in 2023.

Chaired by Ann Stewart of Shepherd & Wedderburn, an expert panel of speakers including Professor Roddy Paisley of the University of Aberdeen, the Scottish Law Commissioner, Professor Frankie McCarthy, Brodies' Karen Hamilton, Derek Hand of First Scottish, Andrew Todd from Springfield Properties plc, Lisa Conway of The Coal Authority and Nikki Duke & Lynne Johnstone from Registers of Scotland.

This conference is proudly sponsored by First Scottish

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Questions to be considered will include:

• what are the issues that can arise when considering boundary structures and their repairs?
• what is the proposed new mechanism for protecting obligations to transfer land?
• what are the legal and practical changes required to deal with the New Homes Quality Code?
• what do you need to consider when your plans report highlights shortfalls, additional ground or competing titles?
• how do you make safe, well-informed decisions about land and property in coalfield areas?
• how does compulsory purchase affect residential property?

What's being covered?

Boundaries, structures and their repairs

From hedges to walls to ditches, this session will provide an important introduction to the questions of ownership, servitudes, real burdens and encroachment that can arise when considering boundary structures and their repairs.

Professor Roddy Paisley, University of Aberdeen

Scottish Law Commission update: heritable securities

This session will provide a summary of the third and final Discussion Paper in the SLC project on heritable securities. The paper consults on a proposed new mechanism for protecting obligations to transfer land, and considers the future of heritable sub-security arrangements. Other work ongoing at the Commission at present which may be of interest to conveyancers will also be discussed.

Professor Frankie McCarthy, Scottish Law Commission

Missives and the New Homes Quality Code

Springfield Properties plc is a New Homes Quality Code developer. In June 2023 it introduced a new code compliant missive across all of its brands: Springfield, Dawn Homes, Walker Group, Tulloch Homes and McTaggart & Mickel and this session will look at the legal and practical changes required to deal with the new code. In particular it will examine how customers and lawyers deal with the code from reservation through handover and aftersales complaints.

Andrew Todd, Springfield Properties

Plans reports

What do you need to consider when your plans report highlights shortfalls, additional ground or competing titles? This presentation will cover each of these scenarios and offer advice on what you need to consider before taking any remedial action.

Derek Hand, First Scottish

Confidence in the coalfields

This session aims to empower you to make safe, well-informed decisions about land and property in coalfield areas.

Lisa Conway, The Coal Authority

Register of Persons Holding a Controlled Interest in Land (RCI)

If your client is a registered owner of land or property in Scotland, or a registered tenant with a lease of more than 20 years, and someone else has a controlling interest in that property – they’re legally obliged to register in the RCI by 1 April 2024, or risk being fined up to £5,000. This presentation will introduce the requirements of RCI, highlight the enhancements and features which have been released to support multiple submissions by minimising data entry through a copy function, and explain how you can manage existing submissions.

Nikki Duke & Lynne Johnstone, Registers of Scotland

Compulsory purchase and housing – an essential guide for property lawyers

This session will provide a back to basics guide on compulsory purchase affecting residential property including statutory powers, objections, timescales and compensation for owner occupiers, landlords and tenants. It will also cover: acquiring authorities' duty to relocate residents and when this arises; relevant case law and recent trends, including compulsory purchase of empty homes.

Karen Hamilton, Brodies

Conveyancing hot topics

In this session, some of the latest developments and issues to look out for going forward will be considered.

Ann Stewart, Shepherd & Wedderburn