When the Land Register announced their temporary closure of the application record on 24th March with immediate effect the property market in Scotland screeched to a standstill.

Across Scotland Solicitors frantically contacted their clients to discuss the potential delays that this could cause to house move.

As the conveyancing profession focused on the legalities a more practical issue arose from the imposed lockdown - removal companies rightly took the decision to protect the health and safety of their employees and follow Government guidance. As a result many clients found themselves surrounded by boxes but unable to move to their dream homes.

Although the practical issues of moving house remain the Law Society of Scotland Property Law Committee and the Land Register announced last week that the passing of the Coronavirus Bill included provision to extend the normal 35 day Advance Notice period to a period ending 10 days after the day on which the Keeper declares the application record fully open. An Advance Notice is recorded against the title to a property and provides a purchaser with the protection that a title deed in their favour is intended to be registered in the land register and prevents a competing deed granted to a third party entering the register first.

The Coronavirus Bill further allows for digital submission of applications for registration while the Registers of Scotland are temporarily unable to receive applications by post. We await confirmation from the Land Register when this service has been implemented. It is anticipated that when the electronic submission service is activated to the profession at large we will be able to complete sales and purchases where possible however the practical issues remain.

The Law Society and the Scottish Government encourages all parties to amicably agree on new moving dates when it is likely the lockdown measures have ceased however the uncertainty surrounding the lifting of social distancing measures will continue to delay settlements until removals can take place. Accordingly, any delays agreed to dates of entry should include provision to further defer that date if lockdown measures continue.

There are circumstances in which properties that are currently vacant completion can be effected if the health and safety of our clients will not be jeopardised. Where it is reasonably necessary to facilitate a house move is an exception to The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020.

Whilst properties can still be advertised during the lockdown period we recommend that you adhere to Government guidance and do not allow viewers into your home. Your estate agent should be able to conduct virtual viewings if necessary.

The McKinstry Company wish to assure their clients that they are continuing to progress the necessary conveyancing formalities to ensure that when the legal and practical aspects of moving have resumed you are in the best position to move as soon as it is safe for you to do so.

Should you have any concerns regarding the selling or purchasing of a property in the current climate please contact our residential conveyancing team on 01292 388048.