Property Investment Solicitors
Landlords and investors transferring property into a limited company, purchasing through an SPV, or building a portfolio - we handle conveyancing, finance, and corporate elements in a single instruction, across Scotland.
Where conveyancing, company law and finance meet
Property investment work sits at the intersection of conveyancing, company law, and finance - and requires a solicitor who understands all three. The legal process in Scotland differs from England and Wales, the tax framework operates under LBTT (not SDLT), and documentation follows Scots law. We deal with these transactions regularly and can guide you through the process clearly and efficiently.
The reasons clients transfer to a limited company
The reasons are primarily tax-driven, and we want to be upfront: ClearFocus Legal does not provide tax advice. The decision on whether a transfer makes financial sense for you should be made with your accountant or tax adviser, and we strongly recommend you take that advice before instructing us.
Clients typically come to us motivated by:
- Changes to mortgage interest tax relief for individual landlords
- Holding property through a corporate structure for asset protection and succession
- Reinvesting rental profits at corporation tax rates
- Structuring a portfolio for long-term growth
Your accountant will advise whether the tax savings outweigh transaction costs. Our role is to handle the legal side once you've made that decision.
How the transfer works in Scotland
Transferring property from your personal name to a limited company is not simply a change of name on the title. In legal terms, it is a sale - you are selling the property to a separate legal entity (your company), even if no money changes hands and you are the sole director and shareholder. The full conveyancing process applies.
- Step 1
Limited company in place to receive the property
- Step 2
Property valued at market value
- Step 3
Disposition prepared transferring ownership
- Step 4
Standard security granted if the company is taking finance
- Step 5
LBTT return and payment with Revenue Scotland
- Step 6
Company's title registered with Registers of Scotland
Conflict of interest considerations
Where you are sole director and sole shareholder, there is no practical conflict - you are effectively the same person on both sides. Where the company has other directors or shareholders (a spouse, business partner, or family member), the position is more complex and separate representation may be required. We assess the conflict position at the outset and advise clearly. Where a spouse or civil partner is involved, additional considerations under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and the Family Law (Scotland) Act 2006 apply, and we deal with these as part of the conveyancing.
Refinancing as part of the transfer
If the property is currently mortgaged in your personal name, you cannot simply transfer the title without dealing with the existing lender. In most cases, the existing mortgage will need to be repaid. We handle both sides - discharging the personal mortgage and acting on the company's new finance.
From single transfers to whole portfolios
Portfolio transfers
For landlords with multiple properties, we coordinate valuations, dispositions, lender requirements, LBTT returns and registration across the portfolio in a single instruction.
Buying directly into a company
Purchasing into a company from the outset avoids the cost of a later transfer. We act for limited companies and SPVs on residential and commercial purchases - see our Commercial Finance page.
What we do - and what we don't
ClearFocus Legal is a property law firm. We do not provide tax advice. We handle the LBTT return and payment as part of the conveyancing process, and we will flag any obvious LBTT or ADS exposure so you can discuss it with your tax adviser before we proceed. If you don't currently have an accountant with experience in property incorporation, we can suggest contacts who specialise in this area.
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