Where the Property is located in Scotland Clause Samples

This clause establishes that specific terms or conditions apply when the property in question is situated in Scotland. In practice, it may reference differences in legal requirements, procedures, or terminology that are unique to Scottish property law, such as distinctions in conveyancing or land registration processes. The core function of this clause is to ensure that the contract remains accurate and enforceable by addressing jurisdictional differences, thereby preventing confusion or legal issues arising from the property's location.
Where the Property is located in Scotland a. In clause 9, references to set-off will include analogous rights under Scots law. b. In clauses 10.3 to 10.9 where there are references to monies deriving from the Property being held on trust for us then we may require you to enter into a separate declaration of trust (in a form acceptable to us) in respect of those monies. c. In respect of clause 12, instead of a Deed of Consent, you must at the time your mortgage Completes (i) procure that any person having rights or potentially having rights under the Matrimonial Homes (Family Protection) (Scotland) ▇▇▇ ▇▇▇▇ as amended and/or the Civil Partnership Act 2004 consents to the Mortgage Deed or renounces any rights available to that person in the normal and prescribed form; or (ii) if you are a single person enter into a declaration in the normal and prescribed form confirming that the property is not subject to any rights of occupancy under the Matrimonial Homes (Family Protection) (Scotland) ▇▇▇ ▇▇▇▇ as amended and/or the Civil Partnership ▇▇▇ ▇▇▇▇. d. Clauses 13.4, 13.5 and 14 shall not apply. e. Clause 16.9 shall apply where the Property is part of a tenement or a block of flats or larger building which are insured under a Common Insurance Policy maintained by a factor or managing agent regulated under the Property ▇▇▇▇▇▇▇ (▇▇▇▇▇▇▇▇) ▇▇▇ ▇▇▇▇. Where such tenement or larger building is not maintained by a factor or managing agent regulated under the Property Factors (Scotland) ▇▇▇ ▇▇▇▇ we may ask you to maintain insurance cover for the reinstatement value of the tenement or larger building. f. Clause 20.2 shall not apply. g. Clause 24.3 and clause 24.4 shall not apply. h. If any of the events in Clause 25 occur, you will be in default in terms of the Conveyancing and Feudal Reform (Scotland) ▇▇▇ ▇▇▇▇ and, in addition to the rights and powers available to us under Clause 26, we may also exercise all of the other rights and powers available to creditors under and in terms of the Conveyancing and Feudal Reform (Scotland) ▇▇▇ ▇▇▇▇. i. In Clause 26 references to “receiver” shall not apply. j. Clauses 26.7, 26.8 and 26.9 shall not apply. If we require to take possession of the Property we shall comply with the Conveyancing and Feudal Reform (Scotland) Act 1970 (the legislation applicable in Scotland to taking possession of property which is secured to a lender) and we may apply for a court decree for your ejection from the Property from any sheriff court in the area where the Property is situated. k. In Clau...
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