tenaments

Question 1

s.26 tenaments scot act

Answer 1

defines tenemants

Question 2

s.29(1)tenaments scot act

Answer 2

bounderies and other sectors set out

Question 3

s.2(1)tenaments scot act

Answer 3

the basic rule is that the boundary is the mid point (median of the structure that seperates them)

Question 4

s.2(2)tenaments scot act

Answer 4

a thing which wholly or mainly serves one sector ie the door is part of the whole sector

Question 5

2(3)-(5)and 7tenaments scot act

Answer 5

gives the important rules fro top and bottim floor flats.

ie top floor flats ownership of the roof and closes

Question 6

29(1)tenaments scot act

Answer 6

ownership of the solum as the gorund on which the building is erectef

Question 7

2(6)tenaments scot act

Answer 7

includes ownership of the airspace above the building

Question 8

pertinents

Answer 8

car parking can be a subsiderary piece of land.

s. 3(4) each flat has a pertinent that serves it, if more than one flat is served, the part is common property.
s. 29(1) this gen rule is stated sep for closes
s. 3(1) a connecting passage like stairs constitute common access.
s. 3(5)for size of pro indivisio dshares

garden has different rules s.3(5)

Question 9

real burden v tennamnet scot act

Answer 9

IT SHOULD BE NOTED THAT IF THERE IS A REAL BURDEN THIS WILL TAKE PRECEDENT OVER THE TENEMENT SCOT ACT HE WANTS THIS MENTIONED

Question 10

s. 8 title conditions scot act

Answer 10

title and interest to enforce
have to have title and interest to enforce real burden
serve notice on tenement statute repair under TMSr.4.1d

Question 11

s.53(1)title conditions scot act

Answer 11

to demonmstrate title related through the common scheme

Question 12

s.52title conditions scot act

Answer 12

in exam also mention UNREALTED PROPERTIES

Question 13

s.8(3)(a)title conditions scot act

Answer 13

established intest by demonstrating material detriment

kettlewell
franklin v lewis

Question 14

s.2(4) TSA 2004

Answer 14

dormir window tenement top floor flat owns triangular space unless there is a real burden

Question 15

mehrabidi

Answer 15

dormir windo becomes part of the roof.

Question 16

TMS

Answer 16

tenements management scheme is governed by the development management scheme.
TMS is contrary to provison of rea burden set out in s.4 tenemenmt scot act

Question 17

garvi v wallice

Answer 17

tenants needed a meeting to make decision and 14 days notice thus held invalid notice

Question 18

r.1 tms

Answer 18

only applies to SCHEME PORPERTY

Question 19

r. 2 tms

Answer 19

SCHEME decisions

Question 20

s. 5 and

r. 8 tms

Answer 20

s.5 tenaments scot act- decision can be tajken with/ without meeting but everyone but be notified within 28 days.

R.8 if no objection
decision binds on al successessors

Question 21

R.3 tms

Answer 21

lists the matters on which scheme decsions an be taken, properties owned in commom ect

Question 22

R.4 tms

Answer 22

imposes liability for scheme costs
general costs for maintenance
if not owned in common largest floor are that ther is liability for
S.4A HAS SPECIAL ROOF OVER THE CLOSE
local authorities are EMPOWED TO CONTRIBUTE to an owners missing share if they cannot pay or has disappeared

Question 23

r 7 tms

Answer 23

if work needs to be carried out in an emergency any owner can instruct it and recover the costs from the others as if there had been as scheme decision

Question 24

s. 8 TENEMENTS scot act

Answer 24

owners of any part of a building which provides support or shelter must maintain that part and can be made to do so by any other owner

Question 25

S.10

Answer 25

for crucial repails it is NOT NECESSARY THAT THE MAJORITY AGREE

assuming the part beign repaired is scheme property

IF DMS APPLIES TMS DOES NOT
DMS needs +ve prescription for ownership

Question 26

Thomson v st cuthburt coop asociation

Answer 26

obligation lasts only for as long as tenement sensibly remains as going concern

NEGLIGENCE if support/ shelter fails then ben property injured or damaged due only WHERE CULPA

Question 27

s.9 and 7 TENNEMENTS SCOT ACT

Answer 27

NO owner may endeger, the support or shelter natural light

s.7 these replace the doctrine of common interest

Question 28

stat repair notices

Answer 28

various stautes empower local authorities to require that maintenance is doen failing that they can do the maintenance and recover the costs

defective building notices
work notices
maintenance orders 2006

Question 29

s.17 Tennements scot act

Answer 29

owners are allowed reasonable access for repairs over the property of other property

Question 30

s.18Tennements scot act

Answer 30

A common policy is reguired is majority of owners decide under r.3.1e or real burder dictates

Question 31

s.21Tennements scot act

Answer 31

demolish a tenement cost sghared equally continue to own airspace

Question 32

s.20Tennements scot act

Answer 32

demolish a tenement cost sghared equally continue to own airspace- OWNERSHIP IS UNAFFECTED

Question 33

s.22Tennements scot act

Answer 33

except where there is an agreement to rebuild (real burden) no building is allowed if any one owner can insist on sale of the site

Question 34

s.23Tennements scot act

Answer 34

slae is allowed in respect to abonded property

Question 35

reform

Answer 35

to consider and establish solutions to urge assist and compel owners of tenement properties to maintian

Question 36

communities

Answer 36

any group of 2 or more units

regulated by burdens imposed under a common scheme which are mutually enforceable s.31A TENEMENTS ARE EXCLUDED

Question 37

rules for communitites defult management

Answer 37

s28- may appoint a manager

s. 29- may decided on what maintence needs to be carried out subject to burden
s. 30 all owners bound by above decisions

Question 38

what is the DMS

Answer 38

provided for under part 6 of title con scot act used for tenemental and non tenemental groupls SUITABLE FOR LARGE DEVELOPMENTS
where DMS APPLIES DMS DOES NOT