The Title Deeds set out your rights and responsibilities in relation to your property and to the others within the development. In practice, this means that when you purchase a property you take on rights and responsibilities, not just for your own house but also relating to the wider area.
The Title Deeds impose “real” obligations on the owners of property. This means that these obligations will continue even when a house has been sold with responsibility passing to the new owner.
Your Title Deeds establish your responsibility for meeting a share of the cost of maintaining the common areas within your estate/development. The Deeds also give us the right, as you’re appointed Factor, to recover the direct costs of any work, as well as all costs incurred in managing the service. If you are unsure about any aspect of your responsibilities as a home owner, you should seek advice from your solicitor.
When the maintenance required is to a common part of a property block, open space or communal area, the Title Deeds should detail the parts which are common and identify the basis on which each owners share is calculated. If the Title Deeds do not provide for this then the Tenements (Scotland) Act 2004 provides legal responsibilities for maintenance and management of tenements which fills any gaps in the Title Deeds.
The Property Factors Scotland Act 2011 came into force on 1 October 2012. We are required to issue all owners of whom we have been appointed as factor with a Written Statement of Service. Our Written Statement of Services has been determined by the terms and conditions in the Title Deeds under which we operate.
We are a registered property factor and our registration number is PF000671.
Download the Code of Conduct for Property Factors document as set out by the Scottish Government by clicking here.