Explanatory Notes

Tenements (Scotland) Act 2004

2004 asp 11

22 October 2004

Commentary on Sections

Support and Shelter

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.