Scotland in the Forefront of Property Law Reforms in the UK: Potential Implications for the Scottish People

Abstract

Abstract The Scottish Government has taken steps to revolutionise its body of law on ‘trust and succession’ and housing. The recent Trusts and Succession (Scotland) Act 2024 has severally impacted the issues of appointment and removal of trustees, fiduciary duties of trustees, rights of beneficiaries, and Environmental, Social, and Governance (ESG) investments in Scotland; while the proposed new Housing (Scotland) Bill 2024 has the proclivity of influencing rent, rent control areas, eviction and homelessness in Scotland. Accordingly, this paper focuses on exploring the potential impacts of these legislative reforms on the lives of the Scottish people. Do they ‘make’ or ‘mar’ the proprietary rights of the Scottish people? Are all the provisions useful to Scotland’s rental market? Will the proposed ‘ask and act’ approach address homelessness in Scotland? This paper will also be important to jurisdictions that may intend to modernise their property law and housing regimes.