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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11423
Experience:  30 years as a practising solicitor.
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My father-in-law is being pursued through the small claims

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My father-in-law is being pursued through the small claims court for his share of maintenance charges pertaining to a piece of land within his housing development. The Land Registry for Scotland can find no deed for this piece of land, other than the one relating to the developer when they bought the whole packet of land prior to development. A property factor was appointed by the developer to manage the maintenance of this piece of land, which they have done. Can the maintenance work be legally charged to the residents?
Thank you for your question.

To be charged for a share of maintenance, someone has to have a liability to pay, in this case by virtue of a title condition.

What normally happens is that the developer puts a condition into the title of all the houses that the common areas are to be maintained at the joint expense of the various proprietors.

If the developer has not done that and still holds title itself then the developer is liable to pay his factor and the owners are not.

Look at the Statement of Claim in the small claim action and see if you can read what they have said about their title to sue. There really has to be a specific clause about why they are holding your father in law liable for a share of the maintenance costs otherwise their action is irrelevant as a matter of law.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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