Scotland title deeds securities

sarah234

I have just obtained my title deeds and the securities section has 2 entries, one for my mortgage and the other one says:

"Notice of Payment of Repairs Grant of £5900 by GLASGOW CITY COUNCIL incorporated under the Local Government etc. (Scotland) Act 1994 to Mr XXXXXX the Housing (Scotland) Act 1987 in respect of the subjects in this Title containing conditions to be observed for 5 years from 31 Mar. 2008."

I bought the property in August 2007 and was not the recipient of the grant, it's the first I've heard about it. The grant recipient was deceased when I bought the flat so I assume his family got the grant.

​​​​​​​Should this money have come to me, as the owner of the property at that time? 

Should his family even have received this grant if he was deceased and they had already sold the flat?

And how can they put a security on my property without me even knowing about it? 

davidmcn

Were there any big common repairs done round about the time you bought? As it says, the conditions only applied until 2013 anyway so it's irrelevant now.

sarah234

I think the roof was replaced before I bought it. Should I report this to the council? It seems wrong that they put a security on my property without my knowledge or consent? (Even if it has expired)

davidmcn

sarah234 said:

I think the roof was replaced before I bought it. Should I report this to the council? It seems wrong that they put a security on my property without my knowledge or consent? (Even if it has expired)

Organised through the factors? Chances are the paperwork was done long before you bought. In theory yes you should have been told about the grant at the time you bought, but the security is pretty benign, the grant would only have been clawed back if you had changed the use of the property to e.g. commercial. Nothing really for you to worry about or report.

frugalmacdugal

Hi,

you say you think the roof was replaced, so that would be a shared cost between the other flat owners and the grant from the Council would help to offset the cost.

sarah234

Ok, sounds like it is nothing to worry about and it was quite a long time ago. I take it that it would not affect anything if I re-mortgage or sell the property?

davidmcn

sarah234 said:

Ok, sounds like it is nothing to worry about and it was quite a long time ago. I take it that it would not affect anything if I re-mortgage or sell the property?

Like I said, it stopped being relevant in 2013 and wasn't particularly relevant before that either. Wouldn't have complicated remortgaging or selling anyway.