What plans it has to review the Law of the Tenement to enable the resolution of disputes between owner-occupiers and local authorities wher…

The Scottish Law Commission published its Report on the Law of the Tenement (Scot Law Com No 162) in 1998. Following the publication of the subsequent Report on Real Burdens (Scot Law Com No 181) in October 2000, the Executive asked the commission to update its recommendations on the law of the tenement to take account of its subsequent work on real burdens and title conditions. This is because the management of tenements is governed by rules and conditions set out as rights and real burdens in the relevant title deeds. The modernisation and simplification of the law on real burdens will rationalise the application and enforcement of burdens on all property, including tenements. Reforming the law relating to real burdens and title conditions first will mean that reform of the law of the tenement should be more straightforward.The Executive has just completed a consultation exercise based on the commission's draft Title Conditions Bill and the responses are currently being analysed. One of the issues which the consultation has highlighted are the problems which arise in relation to management, maintenance and repair in mixed tenure estates and blocks of flats where the local authority or other social landlord continue to have a significant holding.