Pet clause - freehold flat (Scotland)

Bvv

My partner and I are partway through the processes of buying a flat (in Scotland) and have just received a copy of the title deeds from the Land Registry. The deeds state that flat owners are 'not entitled to keep more than one dog or one cat'. We don't have pets yet, but were hoping to get 2 cats when moving into the property.

A search on this forum shows clauses limiting/prohibiting pets is not uncommon for leasehold flats in England, but I've not found much regarding freehold flats. Am I right in thinking the freeholders (through the residents association?) would be in charge of enforcing the clause? And we'd need permission from them if we'd want more than 1 pet?

davidmcn

Your solicitor will advise you, but such restrictions are pretty much unenforceable unless a breach is causing a significant detriment to the neighbours - and if they had that big a problem with your cats they'd be complaining to you anyway, wouldn't they? Might be neighbourly to ask first but I wouldn't worry about legal action.

Silvertabby

Are they going to be house cats? If so, how would anyone else - other than friends - know?

GaleSF63

Silvertabby wrote: »

Are they going to be house cats? If so, how would anyone else - other than friends - know?

Appearing in the window at the same time?

I have the same problem. I'm also in a freehold flat in Scotland with the limitation to one pet. The rule is there to keep the potential numbers of pets to an acceptable level, which I understand, but in all the time I've been here, 20 years, there have never been more than 6 pets in all the 20 flats at any time!

I'm on the ground floor so my windows are very visible. I'm thinking of asking about it (having 2 house cats); the chairwoman of the the residents association has a dog so at least I don't think she would be immediately against it like someone who doesn't like animals. Nothing ventured etc. My cat died earlier this year and I'm pretty sure most people didn't even know she existed even though she'd been here for 9 years.

Bvv

Thanks all. It's a ground floor flat with private garden, so cats would have outdoor access. All the gardens are covered in decking so no chance of the cats digging up the neighbours plants. Anyway, sounds like a chat with the neighbours is probably the way to go

I'll also check with our solicitor, but sounds like it shouldn't be a major issue.

chappers

unenforceable, crack on