Conveyancing differences between Scotland and England

For the English lawyer, there is much about the process of conveyancing in Scotland that is reassuringly familiar: typically, there is a contractual stage (“missives”), a deed of transfer (“disposition”), and registration in the (Scottish) Land Register. Despite these similarities, there are some notable areas of difference.

Choosing a purchaser

If there is more than one prospective purchaser, a “closing date” will typically be fixed. After reviewing the offers received, the seller will choose one (which need not be the highest) and the property will be taken off the market. Solicitors for each party then start corresponding (this is the “missives”) to agree the terms of the contract of sale. Nothing is legally binding until the missives are concluded, which is done when the purchaser’s solicitor sends a signed acceptance to the seller’s solicitor. This contractual stage often completes earlier than it would in England. Gazumping is uncommon – so much so that the term is not particularly used.

When ownership is transferred

There is no separation of law and equity in Scotland. When the missives stage is concluded, the only rights that exist are contractual. The missives will give a date of entry, and on that date, the purchaser will pay the price and the seller will deliver to the purchaser the signed and witnessed deed (“disposition”) which is to be registered in the Land Register. It is only when the disposition is registered that ownership transfers. There is no time limit within which the disposition must be registered, but in practice, the disposition is sent for registration as soon as practically possible.

Land registration

Scotland has had a national register for land transactions since 1617. As a result, the great majority of properties are registered, either in the older register or in the more modern Land Register. All transfers of land not already in the Land Register now trigger first registration there. It is possible for an owner to register land in the Land Register without there being a transaction: this is called voluntary registration.

No freehold or leasehold

Freehold and leasehold are not terms of art in Scotland. Sometimes, “freehold” is used in marketing materials, where it can be read to mean ownership in perpetuity. Leases of varying types (commercial, residential, agricultural) are common, but there is no concept that the tenant in a lease is an owner of the property.

Flatted properties

Individual ownership of flats is usual. Internal stairways leading to the flats are most often owned in common by the individual flat-owners. Positive covenants (known as “real burdens”) governing the maintenance and repair of the common run with the land are enforceable against successor owners. Sometimes, older titles to the flats in one building fail to provide for 100% of the liability for maintenance or repairs, but there is a legislative provision to plug the gaps. The legislation applies whether the property is residential or commercial.

No mortgages

Like freehold, “mortgage” is a term that is encountered in Scotland. It is understood to mean the right in security over land that is granted to a lender when borrowing money, but mortgages do not actually exist in Scots law. The equivalent is the “standard security”, which was created by statute. The holder of a standard security is neither an owner nor a deemed lessee of the property. The holder of a standard security has a right in the property which is good against successor owners. If the debtor defaults, the holder of a standard security can enforce the right, which can include a right to sell the property.

Tax

Tax on property transactions in Scotland is devolved. The Scottish equivalent of Stamp Duty Land Tax is Land and Buildings Transaction Tax which has a different scale of rates, and in certain circumstances, an Additional Dwelling Supplement must be paid as well.

Land Reform legislation

Successive Acts have created various types of community right to buy. These can impact conveyancing transactions, but the rights are not often created or used. The latest Land Reform (Scotland) Bill was passed by the Scottish Parliament on 5 November 2025. One of its effects will be to require Ministerial consent to the transfer of land in excess of 1,000 hectares, with the possibility that the land would have to be sold in smaller “lots”.

How we can help

For further information on this or on any of the particular rules applicable to certain types of property, contact Karen Craig.