3rd edition, Volume 2
William M Gordon and Scott Wortley
PUBLISHER: W GREEN/SCOTTISH UNIVERSITIES LAW INSTITUTE
Scottish Land Law is now in its third edition, split into two volumes. The second volume consists of parts IV, V and VI, broken down into chapters 19 through to 31. This edition has been cleverly revised and updated by, amongst others, the editor, Professor Kenneth G C Reid.
The chapters on real burdens (chapter 24) and judicial variation and discharge of title conditions (chapter 26) have been produced entirely by Craig Anderson, and the chapter on Community Rights to Buy (chapter 31) by Jill Robbie. These are new additions to the book which did not appear in the second edition.
Each of the other chapters has been expanded and updated since the second edition, taking into account all changes in the law up to June 2020.
There is a whole section on rights in security, including general principles of security rights, standard securities, floating charges, and involuntary heritable securities. Adjudications and charging orders are discussed in detail in the last of these three chapters, which is of great assistance when faced with such an entry just before a sale or purchase transaction is about to settle.
The section on restrictions on use of land is essential reading for any practitioner. The Title Conditions (Scotland) Act 2003 is broken down and explained in detail with brief highlighted headings for each section, making it a useful reference tool.
Chapter 24 explains the duties and purpose of the Lands Tribunal. The information in this chapter is indispensable to anyone taking a case to the tribunal. Procedural issues, including how the tribunal deals with applications, how representations are made to the tribunal, and the discretionary powers of the tribunal, are all explored in detail. The case law references are also very comprehensive.
The final section of volume 2 is in relation to social control of land use, including compulsory acquisition and community rights to buy. Although this is not an area of law all property practitioners require to advise on regularly, it does make interesting reading. The various community right to buy options are considered, including pre-emptive rights to buy, the right to buy abandoned, neglected or detrimental land, and the right to buy land to further the aims of sustainable development.
This third edition of Scottish Land Law may have been long awaited, volume 1 having been published in 2009, but it certainly does not disappoint. It is essential reading for any property law practitioner and will be used regularly as a reference point to legal issues arising in daily property transactions. From a student/trainee point of view, the book is written in a very straightforward, uncomplicated manner which provides even the inexperienced solicitor with an accessible source of knowledge.
Melanie Roberts, Melrose & Porteous
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