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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 4
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Our family (4 siblings) owns a piece of land in Scotland. On

Customer Question

Our family (4 siblings) owns a piece of land in Scotland. On that land has been granted detailed housing permission for 5 houses, as well as a sports field for use by the local council (S75 agreement). There is also a small 6th plot which currently has no housing permission. Detailed permission was granted in May 2016. I wanted to sell the ground outright, but my 3 siblings wish to develop the ground (build and sell). I have now received (paper and PDF) 5 very simple disposition documents (each sibling gets one plot plus a share of the 5th) and 1 deed of conditions (19 pages, regulating for example community burdens and also the 6th plot). As I am not in agreement with my siblings, I would like advice about whether I should sign the deed of conditions as-is. Although it's 19 pages, only 6 pages are of interest (Arbitration, Community Burdens, Maintenance, Management of Community, etc). In particular I wish to understand which parts of the document expose me to a 3v1 minority where I effectively would be forced into expenditure. In the probably case, I simply will not sign the deed of conditions and propose the changes necessary to make it plausible.
Submitted: 1 month ago.
Category: Scots Law
Expert:  JGM replied 1 month ago.

Thank you for your question. I am a solicitor in Scotland. The Deed of Conditions has been reviewed by me. It is drafted in standard terms and provides for mutual access and maintenance provisions. What are your specific concerns and what changes are you proposing?

Customer: replied 1 month ago.
Hello, 3 siblings want to split up the ground and develop, I do not - I want to sell the entire ground and split 4 ways. With "In particular I wish to understand which parts of the document expose me to a 3v1 minority where I effectively would be forced into expenditure", I mean this: right now I'm not obliged to any expenditure (e.g. to make surface roads, install utilities etc), but if I sign the DoC then it seems to me that a "simple majority" can vote to undertake various activities, leading to expenditure for me. The other 3 siblings can call a meeting of proprietors and basically dictate to me what I must do. Please read the items where quorums and majorities are discussed.

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