Ownership issues in Scottish tenement
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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.
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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.
I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
Diana Gabaldon, Outlander
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