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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11669
Experience:  30 years as a practising solicitor.
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In a housing development of mixed flats and houses the title

Customer Question

In a housing development of mixed flats and houses the title deeds plan shows areas of common parking. Owners of the flats state they have sole rights to the common parking area and that in their opinion this was a condition of planning approval when the flats were built. Can this belief take precedence to the clearly stated common parking as shown on the title deeds
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

In a situation like this the title deeds prevail, not the planning consent.

The reason for this is that if the title deeds confer common rights to a class of people, namely the house and flat owners, then the rights and obligations belong to that category of person. Presumably the house owners have a liability for the upkeep of the common areas as well as a right to park there.

Happy to discuss further.

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