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By: Series: Journal of the Law Society of Scotland ; 49(3) March 2004, 26-27(2)Publication details: 2004Subject(s): Online resources: Summary: Discusses how far the Tenements (Scotland) Bill, which intends to provide a statutory code for tenements or flats in Scotland, will innovate on the common law. The existing law of the tenement is based on the law of common interest. Examines the new rules of ownership (ss1-3) and all aspects of the proposed Tenement Management Scheme, which will with some exceptions apply to new and existing tenements, scheme decisions, matters of access and insurance and the issues of demolition (s16) and abandonment. Concludes that the Bill will be a sensible but not radical reform. It provides a management structure that would overcome owners ignoring the requirement for maintenance and defines scheme property, which overrides ownership issues. View the Tenements (Scotland) Bill at www.scotland.gov.uk.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS67657 (Browse shelf(Opens below)) 1 Available 125632-1001

Discusses how far the Tenements (Scotland) Bill, which intends to provide a statutory code for tenements or flats in Scotland, will innovate on the common law. The existing law of the tenement is based on the law of common interest. Examines the new rules of ownership (ss1-3) and all aspects of the proposed Tenement Management Scheme, which will with some exceptions apply to new and existing tenements, scheme decisions, matters of access and insurance and the issues of demolition (s16) and abandonment. Concludes that the Bill will be a sensible but not radical reform. It provides a management structure that would overcome owners ignoring the requirement for maintenance and defines scheme property, which overrides ownership issues. View the Tenements (Scotland) Bill at www.scotland.gov.uk.