Deed of Conditions Scotland

[Xcat]

Can anyone advise on enforcement of "Deed Of Conditions" in Scotland.

 

If a Developer is placed in liquidation before completion of an estate with common property, the common maintenance of which is described in the DOCs. Are the DOCs enforceable ?

 

The developer was running out of money and made many construction shortcuts/ changes to the common areas, the changes were never registered with The Registers of Scotland. They finaly run out of money and were placed in liquidation by the courts.

Many houses were unfinished and some had not been built. The liqidator pulled enough funds together to build the final few houses and sold them to cover his costs. The unfinished houses were not completed by the liquidator and were left for the owners to complete (the owners had to pay upfront for their houses before construction). Many houses were left without completion certificates and remain so to this day. Owners moved in without the certificates.

 

The common areas, ie gardens/ landscaping, paths, railings, drainage systems were never completed.... mostly never even constructed. Some areas are a hazard with unprotected vertical drops of upto 3 metres, other areas are subject to flooding due to lack of drains

 

Construction was in the 1970s

 

The problem now is some owners are trying to enforce the Deed of Conditions or their own version of it.

 

Any advice would be greatly appreciated.

BDI

BDI

[IdaInFife]

not got a clue but will see if I can find someone

 

Ida x

[IdaInFife]

can you give me a rough area of scotland where you live?

[Xcat]

Thank you for the replies.

 

can you give me a rough area of scotland where you live?

 

....West of Scotand

 

 

BDI

BDI

[IdaInFife]

On Monday you can try Govan Law Centre

 

they should be able to help as well

 

Govan Law Centre

[Xcat]

Many thanks.... will try them on Monday

BDI

[IdaInFife]

sorry can't seem to find anyone who would know or be confident to answer.

 

Could you let us know when you have contacted GLC as it may help someone else in the future?

 

ida x

[Xcat]

Not having much success

 

Called Govan Law centre but they were not able to help as I am out with their area, but they helpfully supplied contact info for the Legal Services Agency, Glasgow. Contacted them, but they say their helpline is only open on a Thursday from 11 to 1pm.

On checking their website help in this area looks doubtful.

 

 

BDI

BDI

[MaLarkin2]

Not having much success

 

Called Govan Law centre but they were not able to help as I am out with their area, but they helpfully supplied contact info for the Legal Services Agency, Glasgow. Contacted them, but they say their helpline is only open on a Thursday from 11 to 1pm.

On checking their website help in this area looks doubtful.

 

 

BDIBDI

 

Sorry, just read your plight.

Deed of Conditions, are enforceable as they are usually subject to the Title Deeds.

Check our the Register of Sasines, info pages as well.

I'll look for the link for you.

[MaLarkin2]

Can anyone advise on enforcement of "Deed Of Conditions" in Scotland.

 

If a Developer is placed in liquidation before completion of an estate with common property, the common maintenance of which is described in the DOCs. Are the DOCs enforceable ?

 

The developer was running out of money and made many construction shortcuts/ changes to the common areas, the changes were never registered with The Registers of Scotland. They finaly run out of money and were placed in liquidation by the courts.

Many houses were unfinished and some had not been built. The liqidator pulled enough funds together to build the final few houses and sold them to cover his costs. The unfinished houses were not completed by the liquidator and were left for the owners to complete (the owners had to pay upfront for their houses before construction). Many houses were left without completion certificates and remain so to this day. Owners moved in without the certificates.

 

The common areas, ie gardens/ landscaping, paths, railings, drainage systems were never completed.... mostly never even constructed. Some areas are a hazard with unprotected vertical drops of upto 3 metres, other areas are subject to flooding due to lack of drains

 

Construction was in the 1970s

 

The problem now is some owners are trying to enforce the Deed of Conditions or their own version of it.

 

Any advice would be greatly appreciated.

BDIBDI

 

Me again,

 

Follow the link;

Deed of Conditions - Google Search

[Xcat]

Just resurrecting this thread in the hope there maybe new members who could help.

 Very happy to work to a Deed of Conditions, but the big problem is the areas covered by the Deeds were never constructed.

Just a pointer to a solicitor who is well experienced in this area would be great. Had fingers burnt many times by "experts". Many of the legal profession walk away when they discover the level of the problem.

[AndyOrch]

We cant recommend... Im afraid its against the Forums Rules.

Andy