Property

The articles set out below, which are on the Grigor & Young Website, cover various aspects of property law, including house buying and selling and estate agency - all services offered by Grigor & Young from offices in Elgin and Forres, Moray.

New court procedures for the private rented sector in Scotland

From 01 December 2017, new legislation came into force in Scotland which means that Sheriff Courts no longer have jurisdiction for civil cases relating to the Private Rented Sector in Scotland.

The new court for cases of this type is the Housing and Property Chamber in Glasgow. It’s a form of Tribunal.

Note that the regime for court actions for evictions and rent arrears has not changed for local authority and social landlord tenancies. They are still in the Sheriff Court.

Here are some FAQs about the new system.

How much does it cost to raise the action?

It’s free of charge. In the Sheriff Court, on the other hand, it costs £102 to raise a Summary Cause action for eviction and/or rent arrears.

What procedural differences are there?

One obvious difference is that, under Sheriff Court procedure, you can raise claims for eviction and rent arrears in one action. Under the tribunal procedure, you have to raise these as separate claims. [Read more…]

Why Your Solicitor Gets A Contaminated Land Report when Buying a House

Every year in the UK, we dump about 50 million tonnes of waste in the ground. This would be enough to fill a football stadium like Hampden Park to the brim – 50 times over!

A landfill site at Dunbar in East Lothian takes much of Edinburgh’s rubbish and it has won awards for its high standards. Regulations require the use of barrier layers – such as plastic, clay and soil – to ensure safe storage of the waste. The risk of leaks of toxic fluids and gases has to be managed for generations to come.

The manager at Dunbar is a local man. He has a vested interest in maintaining standards for the benefit of his community. The staff maintain clear records of what has been buried and where. It’s information which will be essential for the council planning departments of the future – when, say, they have to decide if a proposed building development should go ahead on the affected land.

The problem is that security of storage and record-keeping was not always this way.

In the past, considerations like the environment – and even public health – were left out of account when deciding whether a big hole in the ground was a suitable place for a landfill site. The modern regulatory system only came into force as recently as the 1990s. [Read more…]

Moray Property Sales Volume Shows Increase

Official statistics published by Registers of Scotland on 26 April 2016 show that there was a significant increase in the volume of residential property sales across Scotland – including Moray – during January to March 2016, as compared with the same quarterly period in 2015.

The countrywide total of 19,802 properties sold was an increase of over 18% on the previous year. In Moray, the increase was even greater: 27%. [Read more…]

Conveyancing FAQs

Every day, we get questions about house purchases and sales.

This article is an attempt to answer the conveyancing FAQs which come up most regularly.

If you have a question which you don’t see answered below – or anywhere else on this website – please ask us. [Read more…]

Who Are The Best Estate Agents in Elgin Moray?

Every year, we at Grigor & Young meet with many people in the Elgin, and wider Moray / Speyside, area to discuss the possible marketing and sale of their homes.

As part of our conversations with potential clients, we are often asked which are some of the other businesses which, like us, provide estate agency services in Moray.

If you have read our blog for any length of time, you will know that we try to have a “You ask, we answer” philosophy.  And so, in an effort to be as helpful and transparent as possible on this subject, here is a list of some of the firms / companies which have a solid track record as Estate Agents in the Moray area. [Read more…]

What Are The Costs To Buy A New Build House?

 “I have been making comparisons and do not understand why I have additional expenses because I am buying a new build house from a builder. Can you explain this?”

The legal costs in connection with buying and selling properties include not just the fee that your solicitor will charge but also other necessary expenses. The general costs associated with buying a house are one thing; in this article, we dig a bit deeper in one property type and consider what are the costs to buy a new build house. [Read more…]

How Much Does It Cost To Buy A House In Moray?

Buying a house is a big investment.

You will want to make sure that you know what the costs will be, so that you can budget and have the funds available at the appropriate time.

So, how much does it cost to buy a house in Moray? [Read more…]

Backing Out Of A House Purchase Or Sale (When Is It Too Late?)

Buying or selling a house is a big decision in anyone’s life.

It is not surprising that many people worry that they may have made the wrong decision.

Backing out of a house purchase or sale is not a decision to be taken lightly and you need to know your rights.

As you might expect, whether you can simply change your mind and walk away, or whether there will be any consequences if you choose to do so, depends on the circumstances. [Read more…]

What Are Missives?

“My mortgage adviser says that I must sign the missives – what does this mean?”

Good question.

“Missives” aren’t as complex or strange as you may think.

It is simply a collection of letters, usually between solicitors, which, taken together, form a contract in connection with a property. [Read more…]

Buying A Property In Moray – Help From A Law Society Video

Solicitors’ local knowledge can benefit you when looking for a house – for example, if buying a property in Moray.

Solicitors can also help take the pressure off you, guiding you along the path of the property-purchasing process, from noting an interest in a house, at the start, to getting the keys to your new home and moving in, at the end.

These are themes running through a new Law Society of Scotland video – “7 steps to your new home | Buying a house in Scotland”. [Read more…]