Borderline issues

Article Abstract:

Scottish and English property laws are different therefore any cross-border deals should be undertaken with care. In many cross-border deals the contract is in one jurisdiction but includes provisions dealing with the legal provisions in the other jurisdiction. Some developers or investors may choose to have a contract to cover both property laws or an interdependent contract. Scottish leases cover all legalities as there is limited landlord and tenant legislation. The majority of property tenure in Scotland is feuhold whereas in England property is held as freehold or leasehold.

Scotland, Contracts, Study and teaching, Commercial leases

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Occupational hazards

Article Abstract:

There are a number of key factors that occupiers involved in negotiations leading to the signing of a new lease must take into account. It is important to look very closely at all options and to have detailed transaction and occupational requirements. Shortlisted buildings must be given a weighted score based on these requirements. Occupiers requiring flexible terms must show the landlord how they intend to compensate for the additional risk. When negotiating, attention must be given to the valuation aspects of every clause.

Management, Building leases

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Lease peace with mainland

Article Abstract:

Commercial landlord and tenant laws differ throughout Europe which can lead to difficulties when devising cross-border deals as they need to fulfill the detailed requirements of the various legal systems. England uses common law in contrast to the rest of continental Europe who base their civil law on the Roman system .The use of an English institutional lease can be achieved if the parties agree to abide by English rules. By favouring one legal system the deal is likely to be less complicated.

Europe

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