Title Burdens (Scotland)

bambamboo

Hi, I've just received a copy of the Titles from the solicitor and having a read through (trying..). One thing that I've picked up on that I'd like opinions on is this:

"and it is hereby declared that parties occupying said dwellinghouses and ground attached are hereby expressly prohibited from carrying on in said dwellinghouses and ground without the written consent of us or our foresaids any trade, business or profession and that whether or not such trade, business or profession might in ordinary circumstances be deemed incidental or natural to the ordinary residential use of said dwellinghouses and using the said dewellinghouses for trading, business or professional purposes shall apply whether or not parties other than the proprietor of the particular dwellinghouse shall have a contractual right to use the dwellinghouse for or in connection with or arising out of such trading, business or professional uses and none of the said dewellinghouses shall be used nor shops or other buildings be erected on the said area of ground without the consent in writing"

It goes on and on (in one big sentence - who taught these people how to write?), but that's all about selling alcohol etc. Anyway, my question is - I work from home, I'm an employee of a business so I'm not running a business or providing professional services or anything, it's purely admin (sending emails, letters, making phone calls etc), no stock held, no visitors. When I'm not doing admin I'm out and about in the field. My buildings and contents insurers are aware that I'm a homeworker but they didn't care cause it's admin only and I mentioned it when making the mortgage application so they're aware too.

Do I have to get permission in writing to work from home now? And when it says "written consent of us or our foresaids" - who is "us"? The Land Register of Scotland?

Also on the map where they've outlined the land that we own in red, it includes next doors garage (each garage is separate from the main house but the garages are joined together). Does this mean we own their garage? Or that at some point it was one big garage and it's been split and sold to the neighbours?

I'll obviously raise the questions with the solicitors but wanted get some opinions here first (FTB so it's all new to me!)

MyOnlyPost

Hi

You may want to put that you are in Scotland at the top of your post as the law in Scotland is different to that in England & Wales.

Such a covenant in England is usually to stop you converting a house to a shop or other commercial building. They were usually written years ago before the age of mass self employment and usually don't affect having a home office, but check with your solicitor

davidmcn

In brief, you don't need to worry about working from home. It's pretty archaic stuff.

Check with the solicitor about the extent of the title, depends partly on what the text in the Property Section says (and whether what you've been sent is up to date).

bambamboo

Thanks both. Amended the thread title.

It's so hard to read all this stuff - now i know why if it was written yonks ago!