law of the tenement

Question 1

Law of the tenement here ,means…

Answer 1

laws of flats

Question 2

common law

Answer 2

sole ownership of flat itself

Common ownership of stairs/halls/central water etc

Question 3

Why do we need Tenements (S) Act 2004?

Answer 3

• clarification

- manage repairs: common law needs everyone to agree to repairs of commonly owned areas

Question 4

2 provios both in T(S)A

Answer 4

1) restates common law (so if cant get answer fall back on common law, still good)
2) default rules (can be differed through the deeds, check here first)

Question 5

Definition of tenement? s26(1)

Answer 5

” A building or part of a building which comprises at least two related flats which are a) designed to be in separate ownership
b) separate from each other horizontally (vertically doesn’t apply e.g. terraced houses)

Question 6

S29 defines ‘flat’ and ‘sectors’

Answer 6

flat: shop on bottom counts, can be over more than one floor
sectors: any 3 dimensional space, stairwell, lift, cellar or attic all count

Question 7

Person who owns the flat is…

Answer 7

the person registered

Question 8

Ownership of flat gives you the 3 rights of ownership

Answer 8

• usus
• fructus
• abuses

Question 9

Boundaries are shared s2

Answer 9

s2

you own what touched you flat (e.g. wall, roof)

So person on top floor owns roof above them (commonly caried in deeds: common for everyone to share own roof in glasgow)

Question 10

Who owns the airspace above the building?

Answer 10

The owner of the bottom flat as they own the area from cent of earth to heavens

Question 11

Common parts : Pertinence : s3

Answer 11

Common parts to be in common ownership therefore are pertinants to private ownership

Question 12

Pertiants means

Answer 12

Rights attached to your ownership that are heritable but extended beyond your property

Question 13

Who by default owns the garden?

s3(3)

Answer 13

Person on ground floor, usually varied in deed to common ownership

Question 14

Wall next to stairs?

Answer 14

Person who owns flat next to it owns t to the midpoint then common ownership

Question 15

Obligations on tenement owners: s8

Answer 15

s8: provide support to other flats that structurally rely on them

(positive duty: need specific implement to ensue it)

Question 16

Obligations on tenement owners: s9

Answer 16

not to interfere with support (negative duty)

if someone was going to breach this need interdict to stop them

Question 17

Obligations on tenement owners: s17

Answer 17

need to provide access for maintenance

Question 18

Obligations on tenement owners: s18?

Answer 18

s18

must have buildings insurance that covers the reinstatement value

Question 19

Obligations on tenement owners: s20?

Answer 19

demolition of building doesn’t affect ownership, still own section of airspace.

Question 20

Big innovation of the act?

Answer 20

Tenement management scheme

Question 21

Basically what does tenement management scheme say?

Answer 21

Regardless of ownership everyone has duty of repair for strategic bits of building

Question 22

Scheme propert: Rule 1.2

Answer 22

• anything in common ownership

- foundations, external walls, roof and ground below (solum)

Question 23

Scheme decisions: subject matter (rule 3)

Answer 23

• decision to repair
• to appoint manager to deal with these problems
• to insure scheme properrty

Only these decisions can be made under scheme rules

Question 24

How to make decisions about use of common property?

Answer 24

Fall back on common law

Question 25

Procedure of scheme decisions? Rule 2

Answer 25

Rule 2:

• need majority tot agree
• meeting called needs 48hours notice
• need majority f owners (not just those at meeting) to agree
• non attending members need 28 days notice to object

Question 26

Result of decision

Answer 26

If procedure properly followed then everyone shares cost regardless of vote

Question 27

If answering exam on this

Answer 27

Remember to refer to the statute and the rules, not just general idea

Question 28

Answering qu on scheme property

Answer 28

• is it part of the tenement
• is it scheme property
• what procedure must be followed
• what is the result of this
• what can client do?