Statutes

1. Are statutes governing a condominium subject to registration or not?

No. Tenements are, in general, governed by the rights and burdens laid out in the title deeds of the tenement itself, often as a deed of conditions, or established in the deed of registration for the flat itself.

2. Which statute clauses would you emphasise or consider more relevant?

Rule 8 in schedule 1 of the 2004 Act which concerns the enforcement of the Tenement Management Scheme. This acts as background law where the title deeds are silent in respect of the same.

3. In your LR system, if there was a statute clause or provision contrary to Law, should Land Registrars refuse registration thereof? If yes, provide an example. If not, explain briefly the reasons.

Registers of Scotland (RoS) will accept for registration a deed which is valid and meets both the general registration conditions and the conditions for registration as specified in the 2012 Act. The terms of the deed are then reflected in the title sheet.

4. Formal publicity of statutes: What is the procedure to get LR information about statutes? How do interested parties look at the statute?

With regard to law (e.g. the 2004 Act) the act itself can be viewed online at legislation.gov.uk.

With regard to deeds of conditions etc. affecting specific titles, plain copies or extracts of the deeds can be requested from the Archive Record held by RoS.

5. Particularly: if interested parties asked for LR information about an apartment, would information about condominium statutes also provided?

RoS are only able to provide such information/deeds as it holds on the title sheet/archive record in respect of individual properties.