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Glossary

8 Glossary

 

Building maintenance fund          

See ‘sinking fund’.

Burdens/real Burdens                   

An obligation on the occupier of land (or buildings) to do something or refrain from doing something on that land. The obligation ‘runs with the land’, which means it will continue even when the land (or building) is sold.

Common parts                       

Parts of the tenement that are not within the boundaries of individual flats.

Common property                 

Property that is owned by more than one person, where each owner has a right to a share in the whole property, but none has an absolute right to any physical portion of it.

Decree                          

A court judgment.

Emergency work                            

Work that would prevent damage to any part of the tenement; or work required in the interests of health and safety that cannot wait for a scheme decision to be taken.

Factor                           

See ‘property manager’.

Land Register of Scotland   

Map-based register of title to land maintained by the Registers of Scotland. Nearly all house sales in Scotland are now registered in this register.

Lands Tribunal for Scotland   

A court that hears cases and makes decisions about matters relating to land.

Maintenance

Repairs and replacement; cleaning; painting and other routine works; gardening; the day-to-day running of the tenement; the reinstatement of part (but not most) of the tenement building.

Maintenance Account           

An account set up to pay for maintenance and repair works.

Property Manager              

A company that provides maintenance, repair and management services. Property management may also be provided by a council or registered social landlord.

Register of Sasines               

A register that records deeds relating to land. Some older title deeds are recorded in the    Register of Sasines. Today, if new real burdens are being inserted into title deeds, the deed might have to be registered in both the Land Register and the Register of Sasines.

Registers of Scotland           

The agency that maintains the two property registers: the Register of Sasines and the Land Register of Scotland. Reinstatement value The full cost of rebuilding the property, not just its market value.

Repayment Charge               

A charge registered by the council against the title of the property to cover costs of work carried out. The charge is paid off in instalments.

Right to Buy                          

The Right to Buy scheme gives eligible council and housing association tenants the right to buy their property at a discount. Scheme decision A decision taken by a majority of the owners of related properties, such as in a tenement.

Scheme of assistance           

Council schemes to support owners that set out how the council will help owners maintain their homes.

Scheme property                           

Parts of the property that are so vital that their maintenance is the responsibility of all owners who have common property rights in those parts.

Sheriff court                           

A local court presided over by the sheriff, who is a legally qualified judge.

Sinking fund                            

A fund to which owners contribute to help save for future maintenance and repair costs.

Tenement                              

A building comprising two or more related flats that are owned or designed to be owned separately and which are divided from one another horizontally.

Tenement Management Scheme

The default management scheme that applies where there are gaps or defects in title deeds.

Title conditions                              

Rights and obligations over land inserted in deeds by owners of the land. For example, you might be allowed to use an access path but a condition of  that use is that you help to maintain it.

Title deeds                                                

A legal document that states who has the title or ownership of a property, gives details of the property and sets out the conditions that affect the property.