Real burdens dealing with maintenance obligations in Scotland
Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders

The following Property practice note produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders provides comprehensive and up to date legal information covering:

  • Real burdens dealing with maintenance obligations in Scotland
  • When are maintenance provisions required?
  • Drafting real burdens for maintenance
  • Tenement Management Scheme
  • Development Management Scheme
  • Manager maintenance
  • Alteration of maintenance burdens
  • Servitude conditions
  • PSG Styles

Real burdens dealing with maintenance obligations in Scotland

When are maintenance provisions required?

Ownership of property carries with it, by definition, responsibility for maintenance of that property. The owner of property therefore has discretion to decide when, and to what extent, maintenance of the property is to be carried out, and the standard to which that maintenance is to be completed. Where property is held communally, this can cause particular issues eg:

  1. in the case of common property, all of the owners of that property collectively have the responsibility for maintenance. It is self-evident that this could on occasion give rise to disagreement among the owners as to the level of maintenance required

  2. where someone has a common interest (in, eg a boundary wall, that party may have differing views from the owner as to the appropriate level of maintenance required)

  3. amenity land may or may not be common property, but owners of property in the vicinity of that land have an interest in that from the amenity perspective of the development as a whole and therefore have an interest in the extent and level of maintenance

In all of these, and other circumstances, it is helpful (and should reduce the likelihood of future dispute) if the issue of maintenance is dealt with in the title to the property. The extent of the provision required will vary,

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