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Miller Samuel Hill Brown Solicitors Blog

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.
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The Devil’s in the Detail

The Devils in the Detail

Congratulations, you’ve bought the home of your dreams.

A new build property with a drive way.

It’s your property, so you can do anything you want with it. Right?

Well, no actually.

Or more accurately it depends upon your title burdens, particularly with new build properties.

Restrictions on parking are a good example. Take the 2017 case of Vehicle Control Services Ltd v Mackie. This involved a new build block of flats in Dundee. Parking permits were available free of charge for residents, and factors were appointed to supervise the parking facilities. The parking management scheme entitled only flat owners to park free of charge. The Mackie’s allowed their daughter to park in the space assigned to their flat, which was not allowed in the title burdens. So, the Mackie’s daughter continued to park there and be fined, the fines eventually amounting to £24,500!! Which Miss Mackie had to pay because the title burdens formed a binding contract.   

On a similar note, when buying a new build property it is a common title burden that commercial vehicles are prohibited from being parked on drive ways or in the housing estate in general. Bad news for anyone who has to bring a works van home for the evening. Similar burdens often prohibit the parking of caravans, mobile homes and boats.

Now, if you have affable neighbours parking your work van overnight on your drive won’t be an issue. However, if your neighbour’s are not so affable, and want to enforce the title burdens factors letters and solicitors letters could soon be landing on your doorstep following on from the case of Kettlewell v Turning Point Scotland (2011). Your dream home could turn into a litigation hell.

The point of these illustrations is as the Romans said Caveat Emptor, Buyer Beware. And we know Latin tends to intimidate people, so the point is this: know what your title deeds say and allow you to do. And we here at Miller Samuel Hill Brown solicitors are experts at providing Reports in Title in plain English, giving you piece of mind to know what you can and can’t do with your property.

We understand that buying a new build property, or any other type of property for that matter, should be an exciting and rewarding experience. However we also understand that it can also be a complex and emotional experience. At MSHB, we have a team of caring and specialised property lawyers who are here to support you through every step of the process. We invite you to contact us now to discuss your requirements on 0141 221 1919

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