COMMENTED by
Tenements (Scotland) Act 2004 asp 11 * (Note)

Tenements (Scotland) Act 2004 asp 11 *

Tenements (Scotland) Act 2004

2004 asp 11

CONTENTS

Boundaries and pertinents

Section

1 - Determination of boundaries and pertinents

2 - Tenement boundaries

3 - Pertinents

Tenement Management Scheme

4 - Application of the Tenement Management Scheme

Resolution of disputes

5 - Application to sheriff for annulment of certain decisions

6 - Application to sheriff for order resolving certain disputes

Support and shelter

7 - Abolition as respects tenements of common law rules of common interest

8 - Duty to maintain so as to provide support and shelter etc.

9 - Prohibition on interference with support or shelter etc.

10 - Recovery of costs incurred by virtue of section 8

Repairs: costs and access

11 - Determination of when an owner's liability for certain costs arises

12 - Liability of owner and successors for certain costs

13 - Notice of potential liability for costs: further provision

14 - Former owner's right to recover costs

15 - Prescriptive period for costs to which section 12 relates *

16 - Common property: disapplication of common law right of recovery

17 - Access for maintenance and other purposes

Insurance

18 - Obligation of owner to insure

Installation of service pipes etc.

19 - Installation of service pipes etc.

Demolition and abandonment of tenement building

20 - Demolition of tenement building not to affect ownership

21 - Cost of demolishing tenement building

22 - Use and disposal of site where tenement building demolished

23 - Sale of abandoned tenement building

Liability for certain costs

24 - Liability to non owner for certain damage costs

Miscellaneous and general

25 - Amendments of Title Conditions (Scotland) Act 2003

26 - Meaning of "tenement"

27 - Meaning of "management scheme"

28 - Meaning of "owner", determination of liability etc.

29 - Interpretation

30 - Giving of notice to owners

31 - Ancillary provision

32 - Orders and regulations

33 - Crown application

34 - Short title and commencement

Schedule 1 - Tenement Management Scheme

Schedule 2 - Form of notice of potential liability for costs

Schedule 3 - Sale under section 22(3) or 23(1)

Schedule 4 - Amendments of Title Conditions (Scotland) Act 2003

* Amended by correction slip

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 16th September 2004 and received Royal Assent on 22nd October 2004

An Act of the Scottish Parliament to make provision about the boundaries and pertinents of properties comprised in tenements and for the regulation of the rights and duties of the owners of properties comprised in tenements; to make minor amendments of the Title Conditions (Scotland) Act 2003 (asp 9); and for connected purposes.

Boundaries and pertinents

1 Determination of boundaries and pertinents

(1) Except in so far as any different boundaries or pertinents are constituted by virtue of the title to the tenement, or any enactment, the boundaries and pertinents of sectors of a tenement shall be determined in accordance with sections 2 and 3 of this Act.

(2) In this Act, "title to the tenement" means-

(a) any conveyance, or reservation, of property which affects-

(i) the tenement; or

(ii) any sector in the tenement; and

(b) where an interest in-

(i) the tenement; or

(ii) any sector in the tenement, has been registered in the Land Register of Scotland, the title sheet of that interest.

2 Tenement boundaries

(1) Subject to subsections (3) to (7) below, the boundary between any two contiguous sectors is the median of the structure that separates them; and a sector-

(a) extends in any direction to such a boundary; or

(b) if it does not first meet such a bounda...

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