Post-2004 Deeds of Conditions - Sift Instructions

A Deed of Conditions is a deed which regulates the rights and burdens for a group of related properties. The example you will most commonly see is a deed of conditions over a housing development. The deed of conditions will describe the rights which each household enjoys, for example:

• The right to park in specified parking bays
• The right to use common areas such as bin stores
• The right to use common play areas.

It will also describe the obligations imposed on each household, for example:

• The obligation to pay service charges
• A prohibition on parking caravans or commercial vehicles in shared parking areas
• An obligation to keep front gardens tidy, and all gates and fences in good repair.

The law relating to deeds of conditions was changed by the Title Conditions (Scotland) Act 2002. This act came into effect on 28 November 2004. Consequently any application which includes – or makes reference to – a deed of conditions which was registered on or after 28 November 2004 should be given the “post-2004 deed of conditions” case characteristic.

How will I recognise the post-2004 deed of conditions case characteristic?

• The CMS case includes an application to register a new deed of conditions
• The burdens deeds listed in the disposition include a deed of conditions recorded in sasines or registered in the land register on or after 28 November 2004
• The burdens deeds listed in the application form include a deed of conditions recorded in sasines or registered in the land register on or after 28 November 2004

What else do I need to know?

Deeds of conditions which were recorded in sasines or registered in the land register before 28 November 2004 can be disregarded for this case characteristic.