When you buy a property in Scotland, you don’t just get the keys — you also inherit a set o
legal documents known as title deeds. These documents are far more than a record of
ownership; they set out the rules, rights, and responsibilities for you and your building.
Whether you’re a first-time buyer or an experienced landlord, understanding your title deeds
is crucial to avoiding disputes, managing costs, and keeping your property in good condition.
What Are Title Deeds?
Title deeds are legal documents that detail:
- Who owns the property
- The property’s boundaries
- Rights and responsibilities (known as burdens) for owners
- Rules about communal areas such as stairwells, gardens, and roofs
- Any restrictions on alterations or usage
Why They Matter in Shared Buildings
In tenements, flats, and other properties with communal areas, title deeds are the foundation
for how repairs, maintenance, and costs are handled. They often specify:
- How maintenance decisions are made
- The proportion each owner must pay towards shared costs
- What counts as communal vs. private property
- Procedures for resolving disputes between owners
Common Clauses to Look Out For
- Repair Obligations
These outline who is responsible for fixing what — from the roof to the drains.
- Cost-Sharing Provisions
Typically expressed as percentages or “equal shares” for all owners.
- Use Restrictions
These can include rules about pets, business use, or structural changes.
- Appointing a Factor
Some deeds include the right (or obligation) to appoint a property factor to manage
communal areas.
The Problem with Misunderstanding Your Deeds
Many disputes between neighbours stem from not understanding or misinterpreting title
deeds. This can lead to unpaid bills, delays in urgent repairs, and even legal action
How Homesbook Factoring Helps
We regularly review title deeds on behalf of owners to:
- Clarify repair responsibilities
- Ensure costs are split correctly
- Keep all work compliant with legal requirements
- Reduce conflict between owners
By taking the time to understand your building’s rules, we help prevent issues before they
arise.
Final Thoughts
Your title deeds are the rulebook for your property. Understanding them means fewer
surprises, fewer disputes, and better-maintained buildings.
At Homesbook Factoring, we make sure those rules work for you — not against you.
