Conveyancing - What Happened in 2025?

---

For the thirty-fifth successive year – a notable milestone – this seminar will provide a comprehensive and indispensable review of the cases and statutory developments during the past 12 months which affect conveyancing law and practice. 

2025 saw the first court decision on the important ‘realignment’ provisions of the Land Registration etc (Scotland) Act 2012 – provisions which allow purchasers to rely on what they see on the Land Register even if the information is incorrect. Decisions on servitudes in 2025 considered extinction by non-use as well as the perennial question of whether an access servitude allows vehicular use. There was new authority on access for repairs in tenements. One of the cases on commercial leases concerned the proper interpretation of a rent clause where the amount due was tied to the annual gross income from a windfarm; another involved irritancy for non-payment of rent, and the possible defences available to the tenant. Boundary disputes continued to occupy the courts, including a case where both neighbours resisted being saddled with ownership of a collapsed retaining wall between their properties. Another ‘first’ in 2025 was the first decision on the community right to buy land to further sustainable development. Errors made on first registration, and the consequent claims for rectification of the Land Register, featured in numerous decisions of the Lands Tribunal. Other matters to attract the attention of the courts included standard securities, positive prescription, residential leases, breach by property factors of the Code of Conduct, options to buy, variation and discharge of title conditions, and professional negligence. 

On the statutory front, the Land Reform (Scotland) Bill continued its uncertain progress through the Scottish Parliament and is likely to be an Act by the time of the seminar. Its provisions will have major implications for the sale and management of landholdings of more than 1,000 hectares.

All these and other developments in the law will be discussed and evaluated during the seminar. There will also be a special Q&A session on Zoom in which we will answer questions submitted live or in writing, as well as deal with topics which we did not have time to cover in the main seminar. As always, a substantial set of materials will give the full text of the talks, and will also list and summarise all cases and statutory material from 2025. Each delegate* will receive a copy of the revised materials when published in book form in the spring of 2026. Those attending the seminar in person will also receive a special 35th anniversary gift, to rival the legendary tea towel given out on the 25th anniversary in 2016.

*Registered at the standard fee rate. 

Click here for reviews of last year's seminar.

Speakers

Kenneth Reid, Professor Emeritus of Scots Law, George Gretton, Lord President Reid Professor of Law Emeritus, and Andrew Steven, Professor of Property Law, all at the University of Edinburgh.

Chaired by Alan Barr, partner at Brodies LLP and Honorary Fellow of the Law School, University of Edinburgh   

Learning Outcomes and Objectives

The learning outcomes and objectives are that by the end of the seminar delegates will have (i) a sound knowledge and understanding of all major developments in Conveyancing over the last 12 months; (ii) an appreciation of how these developments could or should influence their practice; and (iii) an indispensable set of source materials for easy reference following the seminar.