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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9973
Experience:  30 years as a practising solicitor.
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My title deeds say that the owner (Bains Investment) of the

Customer Question

My title deeds say that the owner (Bain's Investment) of the shops in Stockiemuir Avenue, Bearsden must control the building insurance for e the privately owned flats ontop of the shops. This insurance is 270.00 approximately which does not include contents insurance.

This is an excessive amount as when I have enquired separately for Building and contents to be 50% cheaper.

Please inform me where I stand in this matter.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

What is the precise wording of the title deed?
Customer: replied 3 years ago.

The said policies shall be in the name of the Superiors and the proprietors for their respective interests and the proprietors shall be responsible for payment of the annual premiums thereon in such proportion as the Factors hereinafter appointed may determine but declaring that if any of the said shops are used for a purpose which would incease the rate of premium then the proprietor of such shop shall bear the cost of the additional premium: Declaring that so long as we continue to own any part of the said tenement it shall be in our power to select the Insurance Company or Companies with which the said Policies are effected and it shall not be competent to the proprietors to change the said Insurance Company or Companies except oour consent in writing.

tenth (Primo) Any of the proprietors shall be entitled at any time to convene a meeting of all the proprietors to be held at such reasonably convenient time and place as the convenor of the said meeting may determine of which time and place not less than seven days written notice shall be given to the other proprietors appearing in the Valuation Roll in operation for the time being addressed as therein stated or to the representatives of any deceased proprietor at the last address of such as shown in the said Roll (Secundo) at any meeting so convened any proprietor may be represented by a mandatory duly appointed in writing (Tertio) two or more proprietors or their mandatories shall form a quorum at any such meeting (Quarto). The proprietors or their mandatories shall be entitled to one vote for each dwellinghouse or shop unit owned: Declaring that in the case of joint ownership only one person shall be entitled to vote and (Quinto). It shall be competent at such meeting by a majority of those present.


Given the above details there has been a meeting by proprietors which I had no notice or invitation to!!!!!



The proprietors of the flats pays 1/8th of all bills and insurance with the shops paying 1/16 (5 shops some with more units than one).


Jacqueline XXXXXXXXX

Expert:  JGM replied 3 years ago.
Superiors no longer have rights unless they own a property forming part of the title. Is that the case here
Customer: replied 3 years ago.

The shops on the ground floor are owned by Superiors!.

Expert:  JGM replied 3 years ago.
In that case the title condition is valid. The only way to deal with this is to attempt to get a majority of proprietors to vary the title condition. This is done under section 33 of the Title Conditions (Scotland) Act 2003 and the procedure is outlined in subsequent sections of the Act.

The link to the Act is here:

You will need a solicitor to prepare the various notices and other paperwork.

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