Storm Éowyn has caused widespread destruction and disruption across Scotland, leaving homeowners and tenants to deal with the aftermath. If your property has been affected by damage, it is crucial you understand your legal rights and obligations. This is particularly important if you are looking at potential insurance claims or have a neighbour dispute in relation to shared responsibilities.

Typically, responsibility is shared between neighbouring properties, but this can vary. To be sure, it is recommended that you check your property’s title deeds and this will help you best understand your ownership, maintenance and repairing obligations.

In shared properties such as flats where the titles are either silent on obligations or there are disputes between neighbouring proprietors, the law under the Tenement (Scotland) Act 2004 may apply. This Act provides an outline by which liability towards maintenance and repair can be determined, typically requiring owners to make proportional contributions.

How can we help?

Storm Éowyn has undoubtedly left a vast number of issues in its wake, but you shouldn’t have to face them alone. Please do not hesitate to contact Balfour+Manson should you require support and/or clarity on your matter.

If you have any questions and would like more information or legal advice on any of the topics discussed in this article, please contact our office on 0131 200 1200 and ask to speak to a member of our Property Team.