Current Legal Position

At the present time the Association act as Factor for around 200 flatted properties and is disponee to around 400 others in the Faifley/Duntocher area. These numbers will change periodically due to further tenants exercising their right to buy, the Association buying back owner occupied property and possible demolition.

In the last decade the system of land and property ownership in Scotland underwent radical change as a result of legislation from the Scottish Government

Title conditions contained in individual title deeds for owner occupied properties and title conditions detailed in the Association's title to tenanted properties allow Knowes Housing Association the right to enforce those title conditions against owner occupiers.

Furthermore the Association, when selling properties to tenants exercising their right to buy can create new title conditions which the owner occupier must comply with.

The title deeds are the legal documents which confer ownership and will include a description of the property (including details of common property in flatted dwelling houses). The title deeds impose a responsibility on owners to contribute towards the cost of necessary repairs and maintenance of their home and common parts of the block including common pathways, fences, common stairs, close etc. The title deeds will also include a legal obligation to pay a share of common repairs to the property. You should be able to obtain a copy of your title deeds. If you do not have them you can obtain them from either the solicitor who carried out your purchase for you or from your building society/bank if you have a mortgage.

The legal position concerning factoring is laid out in the Title Conditions (Scotland) Act 2003 and the Tenements (Scotland) Act 2004.

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