Transferring property in Scotland

Transfer to an individual

Homeowners may decide to transfer a property to a family member while they are still alive, to minimise any inheritance tax which would otherwise be due. In order for this to be effective, the transfer must take place at least 7 years before they die. There are various other reasons for transferring property to an individual as a gift.

A solicitor will need to be involved when changing the title deed and to record all relevant information in the relevant Register. Ask a lawyer for advice on changing the title deed of a property.

Transferring property into one name or into joint names

Homeowners will often decide to add the name of their spouse to their property deeds when they get married. The opposite may take place upon divorce or separation. In either case, a solicitor will need to be involved to carry out the necessary legal work associated with changing a title deed, and to record the new information in the relevant Register. Ask a lawyer for advice on changing the title deed of a property.

Probate

If a property is inherited as part of the estate of the deceased, the regular confirmation process will cover transfer of property. Confirmation involves applying for a grant of confirmation. For more information read Confirmation.

There are various different aspects to conveyancing, but the main aspects which relate to transfer of property involve exchange of contracts, resulting in completion.

Once an offer has been accepted, the seller (or their lawyer) must draw up a contract which includes details about:

• sale price

• property boundaries

• fixtures and fittings

• planning and other legal restrictions

• services (eg drainage) to the property

• completion date

A lawyer must be involved in the process of accepting an offer for the sale and purchase of a property. After an offer has been accepted, there will usually be a period of negotiation between the solicitor acting for the buyer and the solicitor acting for the seller. While this is ongoing, the agreement is not yet legally binding and either party can withdraw from the agreement.

The property sale will not be concluded until a full agreement regarding the terms of the contract has been reached between the solicitors acting for the buyer and seller. Such an agreement is reached by a number of formal letters passing between both solicitors and is referred to as ‘concluding the missives’. Once this stage has been reached, neither the buyer nor the seller can withdraw from the agreement without breaking it and becoming liable to pay compensation to the other party.

Completion takes place on the ‘date of entry’ to the property. This means the date on which the seller has left the property and has handed the keys over to their solicitor. The seller’s solicitor must then hand the keys to the buyer’s solicitor along with a formal document known as a ‘disposition’, which transfers ownership of the property. The buyer’s solicitor must then, in return, deliver the full amount of the agreed upon purchase price to the seller’s solicitor. 

For more information about the conveyancing process Ask a lawyer.