Ownership issues in Scottish tenement

in Scotland
5 replies 2.5K views
Hi, I am selling my flat in a Scottish tenement (due to move in one week!). One issue is holding things up at the moment though and I wondered if anyone could advise... There are six flats in our building over three floors, two per floor. I am on the ground floor. There is an under-stairs storage cellar which shares a wall with my kitchen, although its door is off the communal hallway. I have always understood this to belong to my flat and always used it as such and locked it with a padlock for nearly 6 years. However, now that I am selling, the solicitor acting for the purchasers are wanting written confirmation that it belongs to my flat. And this is the problem! The title deeds/land register do not mention it at all - they do however mention everything else, i.e. an outdoor cellar (one of a row) the communal wash-house, the hallway, the roof, garden etc... I have looked at one of my neighbours documents which also doesn't mention it. I have taken a look at the Tenements (Scotland) Act 2004, but this doesn't seem to resolve this particular issue! I'm not sure what else I can do to prove ownership and obviously we have to resolve this in under a week. We're looking into a title insurance policy if the buyers will accept this but thought I'd also check here in-case anyone can offer any advice/guidance. Many thanks in advance.


  • irnbru_2irnbru_2 Forumite
    1.6K Posts
    jinxcat78 wrote: »
    I'm not sure what else I can do to prove ownership and obviously we have to resolve this in under a week.

    Check where your local council keeps its building control archives and check the original drawings - it may be stated there. In Glasgow this would be the Mitchell Library.
  • Torry_QuineTorry_Quine Forumite
    18.8K Posts
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    When I owned the ground floor flat in a tenement the under stairs cupboard was jointly owned by the two ground floor flats. It was mentioned on title deeds for both flats though. Hope you get it sorted.
    Lost my soulmate so life is empty.

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  • 2boysmum2boysmum Forumite
    392 Posts
    I live in a ground floor tenement, 4 flats in our building, only 3 cellars, the 3 upstairs flats own the cellars. Looks like it's not straightforward, hope you get it sorted out.
  • luxor4tluxor4t Forumite
    11.1K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No help but good wishes, MiL's neighbours were in similar difficulties over a share of the wash-house & use of the 'green'.
    I can cook and sew, make flowers grow.
  • kaylkayl Forumite
    474 Posts
    Get your solicitor to check the titles of the other ground floor flat.
    Speak to the factors if you have them.
    If no luck there, I would recommend the title indemnity route - likely cost will be about £250, and should be sufficient to show copy titles for the other flats ( to show that not included there) and an affidavit saying how long you have lived there without anyone else using it
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