Guide

What your title deeds actually tell you

Most owners have never read their title deeds. They were skimmed by a solicitor on the day you bought, filed, and forgotten. That's a problem, because your deeds are the rulebook for everything that matters when something goes wrong in a shared building.

5 key sections · Scottish tenements and flatted developments

Here's what's actually in there

  • What you own

    Not just your flat — your share of the common parts. The roof, the close, the back court, the external walls, the drains. The deeds define where your ownership ends and the shared stuff begins.

  • What you're responsible for — and in what proportion

    This is the one that costs people money. When the roof needs £40,000 of work, your deeds decide your share. Equal split between flats? By floor area? By old rateable value? Ground-floor flats sometimes excused from roof costs, top-floor flats from the close? It's all in the deeds, and it's rarely what people assume.

  • How decisions get made

    Some deeds set out voting rules and majorities. Where they're silent, the Tenement Management Scheme applies instead.

  • Whether a factor is baked in

    Some deeds name a factor or set specific conditions for removing one. Some say nothing, leaving you free to appoint or dismiss by majority.

  • The burdens and restrictions

    What you can't do (short lets, alterations, business use), and rights of access your neighbours have over your property and you over theirs.

Why this isn't academic

In one real Glasgow building, a 2021 survey recommending cladding replacement sat undisclosed for years. Owners bought, sold and insured their flats without knowing it existed. When you don't know what your deeds and building documents say, you're making five-figure decisions blind.

The catch

Deeds are written in dense conveyancing language — “heritable,” “pertinents,” “real burdens,” clauses that reference other clauses. Genuinely useful information, locked behind genuinely awful prose. That's exactly the gap this fixes.

This is information, not legal advice. Verify with a solicitor for your specific situation.

Know your building's rules before you act

Your title deeds set the voting threshold, notice rules, and whether you can switch at all. Get them in plain English — once, for £25.