Applicable Law

1.    In your national system, do you have an arrangement which broadly follows that description? If so, what is it called in your language(s)? Please describe it in this factsheet.

Yes. In Scotland a building divided horizontally into residential apartments is generally known as a «tenement». The answers in this factsheet relate to tenements in which two or more apartments are in separate ownership.

2.    If your national system does not have an arrangement like that, or if it does, but also has a different arrangement which is commonly used to govern the ownership of apartments, please also describe, in this fact sheet, the arrangements commonly used.

See above

3.    In your national system, which laws or regulations rule the arrangements you describe (or are relevant for them)?

The Tenements (Scotland) Act 2004 the 2004 Act sets out rules regarding the ownership and maintenance of areas of a tenement that are owned in common by the owners of two or more apartments. The rules in the 2004 Act apply where the title deeds do not set a common rule for owners in the tenement.

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