(384)  TENEMENTS LAW REFORMED

On 16 September 2004 the Tenements (Scotland) Bill completed its Parliamentary stages.  The Bill, which implements a Scottish Law Commission Report (see No 30), has two main objectives, according to its accompanying Policy Memorandum. The first is to clarify and re-state the common law rules which demarcate ownership of the various parts of a tenement,  removing a number of uncertainties and anomalies in the existing law. The second objective is to provide a statutory system of management for tenements. The overall effect will be that every tenement will have a management scheme and hence a mechanism for ensuring that repairs are carried out and decisions are reached on other matters of mutual interest and concern. The reform is intended to facilitate repair work, and may incidentally remove one casus belli – or perhaps worse – from Scottish urban life (see No 6).

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