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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
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In Scots law, what rights etc do each of the parties in a flatted

Customer Question

In Scots law, what rights etc do each of the parties in a flatted building have over the common ground? e.g. can one put up a washing line/whirlygig if another objects?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a lawyer in Scotland and will help you with this.
Typically the title deeds to flatted buildings will say what the respective rights and obligations of the parties are as regards ***** ***** There is likely to be a Deed of Conditions or similar deed which applies to all of the properties and lays down what the rules are.
Some may provide that the area is for leisure use only and that no sheds or buildings or even washing lines are permitted. Others may provide, as most Glasgow tenement deeds do, that the back green is for the washing and drying of clothes and storage of rubbish etc. You would have to check the deeds.
In the unlikely event that the deeds don't provide the answer, the general rule would be that all proprietors can use the ground as amenity ground to the extent that they don't do anything that could reasonably be called a nuisance by the neighbours.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.