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Transcript of questions raised in Scottish Parliament on land maintenance companies 02 October 2008 Land Maintenance Companies (Title Deeds) 6. Angela Constance (Livingston) (SNP): To ask the Scottish Executive what progress has been made to protect residents whose title deeds bind them to a specific land maintenance company. (S3O-4435) The Minister for Community Safety (Fergus Ewing): The Title Conditions (Scotland) Act 2003 provides a legal framework for the variation or discharge of burdens that are found in title deeds. Homeowners should first seek legal advice as to the appropriate option, according to their circumstances. Ministers have no powers to intervene in private disputes. Issues can arise due to poor and unacceptable standards of service. The trading standards service is aware of such consumer protection issues and has mechanisms in place to deal quickly with disputes. The Office of Fair Trading is undertaking a market study into property managers in Scotland. I will meet the OFT later this month to discuss land maintenance companies. Angela Constance: Recently, I had an informative meeting with the Lands Tribunal for Scotland, the details of which I will write to Mr Ewing about. As a result of that meeting, it is clear to me that the current legislation—the Title Conditions (Scotland) Act 2003—does not offer practicable protection or solutions to residents who are in the unique position of being bound to a land maintenance company. In the case of my constituents, the company involved is Greenbelt Ltd. Will the minister give an undertaking to pursue a course of action that will give residents who wish to exercise their rights as citizens to change their land maintenance company an accessible and affordable route to do so? Fergus Ewing: My officials are in contact with the Lands Tribunal and will work to examine and evaluate the issues that arise in connection with Greenbelt. I look forward to receiving Angela Constance's letter on an issue that she is pursuing tenaciously. Complex legal areas are involved and we all wish to make progress on them. One reason why I arranged to meet the Office of Fair Trading in London later this month is so that I can see what, if anything, it can do to protect consumers. In this case, we are talking about a substantially reserved issue. Trish Godman (West Renfrewshire) (Lab): I am given to understand that a company is contacting residents to say that it will help them through this legal minefield. The company is saying that its prime motivation is to clean up the industry and claims that it is monitored by the Government regulator. What regulations apply to the transfer of land on housing estates to third parties, and which regulator monitors that area? Fergus Ewing: I am not aware of the company to which the member refers. If she writes to me with the details, I will be in a position to reply. Of course, when one buys property, one should take legal advice. Currently, there are no rules to prohibit the separate sale of amenity land within an estate. That is a law reform that no previous Administration sought to introduce; indeed, there may be problems in introducing it. In any event, given that any law reform would not be retrospective, it would not apply to those who have difficulties with land maintenance companies. Nonetheless, many members have raised the issue. The Government is very keen to work with members and their constituents to see whether any other remedy can be found. |   |
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