Any Experts on Title Deeds in Scotland?

[shockedNeighbour]

Hi there,

I've posted a thread in AIBU outlining how my neighbour has installed a lockable parking bollard in a COMMUNAL parking space for all residents of my new build estate to use.

The management company responsible for upkeep of the area (they weed the communal garden spaces etc) have taken issue with said bollard but ultimately said:

"As mentioned, we don’t have the powers to remove, as this would technically be theft.

We don’t have powers to enforce the Title Deeds, it’s only the owners who can enforce this as part of a civil action. Unfortunately therefore we are limited to what we can do if the owner chooses to ignore"

Is this true? I can't believe they don't have the ability to do anything more than issue a few letters and that my only option is to file a civil action. Surely that is their job not mine?

The Factors are only the agents for the owners
They certainly can't remove the bollard
They could instigate court action on behalf of the owners but they will be reluctant to do so,mainly due to the costs,and would probably look for payments to account from each proprietor
A letter from a solicitor threatening court action might be enough
You will need a majority of the proprietors to agree
Call a meeting of proprietors and ask the Factors to attend
Check title deeds for rules on calling a meeting

Agree with above. You need to check title deeds. As it is a newish estate there will likely be a "deed of conditions" which will contain the necessary information. Do you have a residents association? Check your house insurance if you have legal cover and ask for advise.