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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11272
Experience:  30 years as a practising solicitor.
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My father-in-laws property was completed in 2006, and he purchased

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My father-in-law's property was completed in 2006, and he purchased it from the original owner in 2007. In the sales particulars and the missives during conveyancing, no mention was made of maintenance charges, and it was not in any way apparent that there were any mutual areas which would be subject to factoring. At the time of the purchase the land registry certificate and Deed of Conditions were not available, so the purchase was based upon Disposition. In 2010, he received a letter from the Property Management Company Ltd saying they had been appointed by the estate developer (Barratt's) to maintain a mutual area on another road in his estate and started invoicing him for his share of the work. As no factoring charges were stated by the selling agent, previous owner or his solicitor at the time of purchase, can these charges be legally enforced?
Thank you for your question.

What was said at the time of purchase doesn't matter. Factoring charges for common areas have to be created a real rights by the registration of the title to the property. So if there is a burden on your father in law's title created by a Deed of Conditions or similar deed then that is binding on the property.

The solicitor who acted at the time would in all likelihood have been given a copy of any Deed of Conditions, actual or proposed. It is not uncommon for a Deed of a Conditions not to be registered immediately. As long as the developer still owns a majority of units he can do so at a letter stage.

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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