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Last Updated: Friday, 26 November, 2004, 07:26 GMT
Fear over feudal tenure shake-up
Row of houses on estate
Households could face higher bills
Thousands of Scottish households could face unexpected bills following the abolition of feudal tenure.

Legislation coming into effect on Sunday sweeps away 800 years of property law in Scotland.

But experts believe some people are unprepared for the introduction of the three new acts.

Lawyer Ian Ferguson warned that feudal superiors may demand compensation of up to �400 from homeowners for the income they will no longer receive.

Irene Sweeney, of the Scottish Pensioners' Forum, said many pensioners who own their own homes would struggle to pay those bills.

She said: "They're meant to be the so-called richer pensioners, but they're not, they're the poorest pensioners."

Consent form

The legislation which comes into force this weekend is contained in the Abolition of Feudal Tenure (Scotland) Act 2000, the Title Conditions (Scotland) Act 2001 and the Tenements (Scotland) Act 2004.

Mr Ferguson, of Glasgow legal firm Mitchells Robertson, said most lawyers found that their clients did not think about getting things like title consents.

He said that those who want to alter their home may be advised to visit neighbours with a consent form in one hand and "a bottle of whisky in the other".

The legal changes will affect those whose title deeds state that they must obtain a feudal superior's permission for changes such as extensions.

That requirement will be removed, although Mr Ferguson said owners may still be at the mercy of their neighbours as their consent could be required.


SEE ALSO:
Affordable homes plans outlined
30 Sep 04 |  Scotland
Pledge to fund affordable homes
07 Jul 04 |  Scotland


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