LAW OF THE TENEMENT

Question 1

WHAT ARE THE SECTIONS FOR THE ESSAY IN ORDER

Answer 1

1- what is a tenement
2- ownership
3- introduction of TMS
4- other changes that the act made

Question 2

what is a tenement

Answer 2

s26 of the Tenement (Scotland) Act 2004 defines a tenement as a building or part of a building which compromises two or more related flats which are designed to be separate ownership and are divided from each other horizontally and except where the context otherwise requires this includes the solum and any other land pertaining to that building

Question 3

what would you do to find out specific ownership in a tenement

Answer 3

the first port of call would be the title deeds for the particular flat, in the absence of any express provision the 2004 act will apply. one of the changes that the 2004 act made was the codification of the common law of who owns what in a tenement building all the codifications are contained in section 2 of the act.

Question 4

besides the codification of common law what was another major change that the tenement Scotland act 2004 made

Answer 4

the introduction of the tenement management scheme which made a number of rules that would apply where the title deeds were silent to where the titles exclude one flat, in this situations TMS will apply by default.

Question 5

what is the purpose of the tenement management scheme (TMS)

Answer 5

to make provision for the management and maintenance of the “scheme property”of the building

Question 6

what is “scheme property” defined as

Answer 6

any part of the building that is co-owned by two or more owners or any part of the building in relation to which a real burden imposes a maintenance responsibility on two or more owners.

Question 7

what are the rules that TMS set

Answer 7

1- decisions on maintenance are to be made by the owners of a majority of the flats subject to an obligation of maintenance.
2- provision is made for the types of decisions that may be made
3- the apportionment of costs
4- the enforcement of scheme decisions
and various other matters.

Question 8

what other changes did the tenements Scotland act 2004 act make besides TMS and codifications.

Answer 8

> changing the general rule of property law that decisions had to be made unanimously now a majority decision making in tenements for co-properitors exist

Question 9

what did the TSA not change

Answer 9

the common law position

or alter any provision in the title deeds which makes parts of tenement common property