Ownership issues in Scottish tenement 12 August 2011 at 6:51PM in Scotland 5 replies 2.5K views

jinxcat78

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_2

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_Quine

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.

2boysmum

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.

luxor4t

No help but good wishes, MiL's neighbours were in similar difficulties over a share of the wash-house & use of the 'green'.

kayl

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