How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12545
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

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: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 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.