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Tenements (Scotland) Act 2004 asp 11

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Section 7 – Abolition as respects tenements of common law rules of common interest

49.Section 7abolishes the common law rules of common interest as they apply to tenements. This section should be read with sections 8and 9 which restate the common law in statutory form.

50.Although the doctrine of common interest will no longer apply to tenements, it will still be applicable in any dispute involving a tenement building and any other building (whether a tenement or not) or any land not pertaining to the tenement.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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