(First) about to erect on the Teague Subjects nine buildings, comprising blocks of dwellinghouses, to be known as numbers One to Six Sinclair Close, One to Five Sinclair Gardens and One to Eighteen Sinclair Place, Edinburgh together with car parking spaces, access roadways, common, paved and garden areas, walkways, cycle stores and bin stores pertaining to all the said dwellinghouses, and

(Second) to sell the Listed Building retained by us lying to the east of Robertson Avenue, Edinburgh which is to be converted into dwellinghouses and in connection therewith to execute Feu Dispositions or other Conveyances in favour of our disponees and that it is proper and expedient to declare various reservations, real burdens, conditions, prohibitions, declarations, obligations and stipulations incumbent respectively upon the proprietors hereinafter defined in order to create a jus quaesitum tertio in favour of them; THEREFORE we do hereby PROVIDE and DECLARE as follows:-

(FIRST) For the purpose of interpreting these presents the following terms shall have the meanings set opposite them:
“Teague” This term shall apply to us the said Teague Homes (Scotland) Limited and our successors and assignees in the right to enforce the burdens hereinafter created.
“The Development” This term shall apply to the Teague Subjects including the Buildings, the Common Parts of each Building. The Common Parts of the Development and the Car Parking Spaces (all as hereinafter defined) but excluding the Listed Building, the Sub-Stations and the Gorgie Road Subjects (as hereinafter defined).
“Building(s)” This term shall apply to each of the nine blocks of Dwellinghouses within the land edged red on the said plan.
“Listed Building” This term shall apply to the Listed Building lying to the east of Robertson Avenue, Edinburgh together with the car parking spaces pertaining thereto edged blue on the said plan which are to be sold separately to a third party purchaser and converted into fourteen dwellinghouses.
“Dwellinghouses“ This term shall apply to the flatted Dwellinghouses in the Development and shall include the glass in the windows of the Dwellinghouse, the interior joinery, plasterwork, tiling and other surfaces of walls, the Dwellinghouse down to the upper side of the joists, slabs or beams of individual Dwellinghouses to which the same are affixed, ceiling finishes and internal walls (which are not main structural walls, nor load bearing walls nor walls which divide the Dwellinghouses from adjoining Dwellinghouses or any of the common parts which are hereby declared to be party walls) together with all cisterns, tanks, plumbing, drains, sewers, pipes, wires, cables, ducts. conduits and channels used or enjoyed solely for the purpose of any one individual Dwellinghouse.
“Gorgie Road Subjects” This term shall apply to that plot or area of ground at the corner of Gorgie Road and Stewart Terrace comprising subjects 4 Stewart Terrace and 235 to 247 Gorgie Road.
“Proprietor(s)” This term shall apply to an owner for the time being of any Dwellinghouse in the Development and his successors and assignees whomsoever and where two or more people own the same includes both or all of them and any obligations hereby imposed on them shall bind them jointly and severally.
“Factor” This term shall apply to a factor appointed in terms of Clause THIRTEENTH of this deed.
“The Common Parts of the Building” This term shall apply to the following parts of each of the nine blocks of Dwellinghouses: the solum thereof, the foundations, outside walls, load bearing walls, gables, roofs, the roof trusses, surface water and foul drainage pipes, rhones, gutters, the water supply pipes, common tanks and cisterns, the electric mains, gas and all other pipes, cables, wires and transmitters and connections, the common entrances and entrance doors, entrance halls, cupboards, staircases, stairs, stair railings, the walls enclosing the stairs, the stair windows (including the glass therein and any roof lights and cupola serving the staircase), the hatchway or hatchways leading to the roof, the attic space, the stair lights, the common television aerial and any security or entry phone systems, the bin stores (each Proprietor having the right to use one of the bin stores for each Dwellinghouse as such bin stores are marked with the appropriate numbers of each Dwellinghouse to which it pertains), and all other parts and pertinents as used in common by the Proprietors of more than one Dwellinghouse in one of the Buildings.
“The Common Parts of the Development” This term shall apply to the following parts of the Development: the unbuilt on portions of the Development, the boundary walls thereof (so far as forming part of the Development), hedges, gates, railings and fences enclosing the Development, the access roadways within the Development, the parking areas not falling within the definition of Car Parking Spaces aftermentioned and which areas are to be taken over for adoption by the Local Authority, the pavements, the street lighting within the Development, the footpaths, the garden ground, all grassed, planted, slabbed, gravelled and tarmacadamed areas, the cycle stores, the whole drains and soil pipes, water, gas and other pipes, the sewers, drains, soil, gas, water and other pipes, electricity, television, security and telephone cables and all other services serving the Development, all parts and pertinents which are common and mutual to the Development but do not form part of the Common Parts of a Building, or the car parking spaces, and all those parts of the Development which on completion by Teague shall not have been exclusively alienated to the Proprietors or taken over for adoption by the Local Authority.
“Car Parking Spaces” This term shall apply to each and every one of the car parking spaces which have been exclusively alienated to the Proprietors and are to be disponed in each of said Feu Dispositions.
“Sub-Stations” This term shall apply to the two areas of ground which will be conveyed in due course to Scottish Power or their successors.
(SECOND)

1. The Proprietor of a Dwellinghouse in a Building, shall possess a pro indiviso right of common property with each and every other Proprietor in the Building of which that Dwellinghouse forms part, to the Common Parts of the Building.
2. The Proprietor of each Dwellinghouse in a Building shall be liable jointly and severally with the Proprietors of the other Dwellinghouses within the Building of which that Dwellinghouse forms part, for the maintenance, repair and renewal of the Common Parts of the Building of which that Dwellinghouse forms part and each Dwellinghouse shall be burdened with an equal share of the expense of such maintenance, repair and renewal of the Common Parts of the Building of which that Dwellinghouse forms part

(THIRD)

1. The Proprietors of each Dwellinghouse and the Listed Building shall possess a pro indiviso right of common property with each other in and to the Common Parts of the Development
2. The Proprietors of the Dwellinghouses and the proprietor of the Listed Building shall be liable jointly and severally with each other for the maintenance, repair and renewal of the Common Parts of the Development and each Dwellinghouse and the Listed Building will be burdened with a share of the expense of such maintenance, repair and renewal in the following proportions: a one three hundred and sixth share (1/306) quoad each dwellinghouse and a fourteen three hundred and sixth share (14/306) quoad the Listed Building:

(FOURTH) Each Dwellinghouse shall be used and occupied solely for the private residential purposes and shall not be subdivided or occupied by more than one family at a time. No items of any kind are to be left on any stairway, landing, understair, cupboards or other area common to Proprietors. No external alterations to any Dwellinghouse, including without prejudice to the foregoing generality alteration of or to the windows or doors thereof shall be made. No board, card, plate, satellite dish or advertising notice of any kind shall be placed on any Dwellinghouse or on any part of the Development other than the usual door nameplates. The external woodwork and metalwork of the Development shall be painted or otherwise treated as a common repair in terms of these presents and the whole external woodwork and metalwork shall be maintained in a uniform colour. No Proprietor shall be allowed to paint any external woodwork, metalwork or outside walls of a Dwellinghouse a different shade or colour to the remainder of the Development:

(FIFTH)

1. No motor cars, motor cycles, bicycles, boats, caravans or commercial vehicles (hereinafter referred to as “vehicles”) shall be parked on the Common Parts of the Development or any part thereof with the exception of bicycles which may only be parked in the cycle stores. Only private motor cars and motor cycles may be parked on the Car Parking Spaces. No vehicles shall be parked on any part of the Development so as to impede access to any part of the Development, the Listed Building or the Sub-Stations. Each Proprietor is prohibited from selling, leasing or disposing of the Car Parking Space pertaining to a Dwellinghouse separately therefrom, and such Car Parking Space shall be used solely in conjunction with the Dwellinghouse to which it pertains, as a parking space.
2. No work shall be done on motor cars or motor cycles within the Development or any part thereof except normal maintenance and repair of a motor car or motor cycle belonging to a Proprietor, which exception shall not, however, permit a Proprietor to keep any vehicle jacked up or otherwise not in a road worthy condition for longer than is reasonably necessary to complete such repair or maintenance. The Factor will be entitled to tow away any such vehicles left in an unroadworthy condition after due notice has been given in writing to the Proprietor of the Car Parking Space where such vehicles have been left, all at the expense of that Proprietor.

(NINTH)

1. The Development shall be subject to all necessary servitudes or wayleaves in favour of Teague, their nominees, their successors or any Statutory Undertaker or the Proprietor of adjoining property, for the repair, maintenance, renewal or inspection of the Dwellinghouses and for the repair, maintenance and renewal or inspection of the Common Parts of the Building and/or the Common Parts of the Development. In addition, the Development shall be subject to all necessary servitudes or wayleaves in favour of the providers of services under the Telecommunications Act 1984 and the Broadcasting Act 1990.
2. There is reserved in favour of the Gorgie Road Subjects, a heritable and irredeemable servitude right of access and egress for vehicular and pedestrian traffic over (1) the road to be known as Sinclair Place, aforesaid and (2) the access road leading off Stewart Terrace and marked “Access Road” in blue on the said plan subject to the payment of compensation for any damage which occurs as a result of the exercise of these rights.
3. there is reserved in favour of each Proprietor in the Development, a heritable and irredeemable right of access over, under or through the Listed Building or any part thereof for the purpose of repair, maintenance, renewal or inspection of any part of the Development subject to the payment of compensation for any damage which occurs as a result of the exercise of this right.
4. There is reserved in favour of the Sub-Stations, a heritable and irredeemable servitude right of access over the Development and any part thereof for the repair, maintenance, renewal or inspection of the Sub-Stations subject to the payment of compensation for any damage which occurs as a result of the exercise of this right:

(TENTH) The fences or walls or retaining walls between (1) adjoining Dwellinghouses and between adjoining Buildings, (2) the Development and the Listed Building and (3) the Development and the Gorgie Road Subjects shall be mutual and shall be maintained by the adjoining Proprietors jointly and in all time coming, and the Proprietors quoad their respective properties shall relieve Teague of all claims in respect of mutual walls or fences or retaining walls:

(ELEVENTH) No boundary walls and/or fences shall be permitted, other than any such walls or fences erected by Teague, and the Proprietors shall be bound not to remove same and shall be bound to maintain them in proper order in all time coming:

(TWELFTH) The Proprietors shall be bound to keep all of the Buildings, the Common Parts of the Building, and the Common Parts of the Development constantly insured against loss by fire and other risks normally insured against a Common Comprehensive Insurance Policy and covering without prejudice to the generality inter alia the risks of Property Owners Liability, Fire. Explosion, Lightning, Storm or Tempest, Flood, Terrorism, Riot and Civil Commotion with an established Tariff Insurance Company for the full replacement value (increased by fifteen per centum to cover Architects’ and Surveyors’ fees) as assessed by Teague in the first instance so long as they remain Proprietors of any of the Dwellinghouses; which insurance shall be arranged by and shall be in the name of the Factor hereinafter referred to on behalf of all the Proprietors and the holders of heritable and other securities over the same (if any) for their respective rights and interests; And the Proprietors of the Dwellinghouses shall be bound to pay to the Factor the proportion of the premium attributable to them in accordance with the proportion that the replacement value of their Dwellinghouses pertaining thereto bears to the total replacement value of the subjects insured as such proportion shall be reasonably determined by the Factor; Declaring that in the event of any Proprietors using any part of the Buildings for any purpose which shall occasion an increase in the rate of their first or other premium, the Proprietors so causing such increase or increases shall be bound to pay the whole of such increase or increases in the insurance premium and to relieve the remainder of the Proprietors thereof; And in the event of said Dwellinghouses or any part thereof being destroyed or damaged by fire or other insured cause the whole sum received from the Insurance Company shall be expended in re-erecting the subjects damaged or destroyed and in paying said Architects’ and Surveyors’ fees; And the Proprietors shall be bound to restore the subjects destroyed or damaged as aforesaid as also by any other cause within two years from date of destruction or damage:

(THIRTEENTH) A Factor shall be appointed, as hereinafter provided, who will be responsible for instructing and supervising the common repairs and maintenance of the Common Parts of the Building and the Common Parts of the Development and for apportioning the cost thereof among the Proprietors in accordance with the provisions of these presents (such costs hereinafter being referred to as “the annual maintenance charge”). In the event of the office of Factor falling vacant for any reason, the Proprietors shall be bound forthwith to appoint another Factor in his place and the Proprietors shall not allow the said office of Factor to remain unfilled. Teague shall be entitled but not be obliged, at any time prior to the date of entry of the Proprietor to the last Dwellinghouse sold, to appoint a Factor. In the event that Teague have not so appointed a Factor prior to the said date of entry, the Proprietors shall be bound to appoint a Factor and Teague shall appoint a Factor in the event that the Proprietors have not called a meeting, as hereinafter provided, to appoint a Factor within three calendar months of the date of entry of the Proprietor of the last Dwellinghouse sold.
After Teague have sold all the Dwellinghouses, the Proprietors of any Twenty five Dwellinghouses shall have the power to call a meeting of the Proprietors of the other Dwellinghouses to be held at such reasonably convenient times (excepting Saturdays, Sundays and Public Holidays) and place as the conveners of said meeting may determine, and of which time and place at least fourteen days notice in writing shall be given by or on behalf of the said conveners to the Proprietors of the other Dwellinghouses and at any meeting so convened any of the Proprietors may be represented by a mandatory provided that the written notice convening said meeting shall specify the matters to be discussed at the meeting. The quorum of a meeting of the Proprietors shall be thirty five Proprietors or their mandatories. The Proprietors present at such meeting or their mandatories shall be entitled to one vote for each Dwellinghouse owned by them; Declaring that in the event of any of the said Dwellinghouses being owned by two or more persons only one person shall be entitled to vote and in no case may more than one vote be allowed in respect of a Dwellinghouse. It shall be competent at any relevant meeting by a majority of the votes of those present: –

1. To order to be executed any common or mutual operations. maintenance and repairs, decoration et cetera to the Common Parts of the Building and the Common Parts of the Development including external paintwork and levy assessments on proprietors to pay for such works and to recover and enforce payment of such assessments all in terms of the provision of these presents
2. To make any regulations in conformity with these presents which may be considered necessary with regard to the preservation, cleaning, use and enjoyment of the Common Parts of the Building and the Common Parts of the Development:
3. To delegate to the Factor appointed as aforesaid full right power and authority to take charge of all matters pertaining to the maintenance and preservation of the Common Parts of the Building and the Common Parts of the Development and the employment of labour thereanent;
4. To instruct the collection by the Factor of the annual maintenance charge from each Proprietor and the accounting by the Factor for his intromissions therewith:
5. To instruct the employment by the Factor of a gardener or other staff as required for the maintenance of the Common Parts of the Building and the Common Parts of the Development:
6. To determine the amount of the Factor’s remuneration and the annual maintenance charge from time to time and
7. To remove the Factor and appoint another in his place on an annual basis;

DECLARING that the said Factor shall, unless otherwise determined by a meeting of the Proprietors, be entitled during the continuance of his appointment to exercise the whole rights and powers which may competently be exercised at or by a meeting of Proprietors convened as aforesaid other than the appointment or removal of the Factor and the Factor’s remuneration; And FURTHER DECLARING that the annual maintenance charge and the Factor’s remuneration shall be payable by the Proprietors (in the proportions stipulated for common repairs in terms hereof) whether consent is given or not in the same way as if their consent had been obtained and in the event of non-payment within one calendar month of demand for payment the Factor shall be entitled to sue for recovery of the same in his own name, together with all expenses. In the event that the Factor is unable to recover said proportion of the annual maintenance charge and the Factor’s remuneration from any of the Proprietors the sums outstanding and any reasonable legal fees and expenses incurred in trying to recover same shall become a debt due by all the Proprietors to the Factor and shall be payable by the Proprietors as hereinbefore provided:

(FOURTEENTH) Each Dwellinghouse and the Listed Building shall be burdened with the real lien and burden of the annual maintenance charge as may be determined in accordance with the terms hereof, said sum to be payable as determined by the Factor appointed as aforesaid and to be applied by the Factor in his accounting for his intromissions to the several Proprietors towards the indebtedness of each Proprietor for his proportion of the whole expenses of maintenance and preservation of the Common Parts of the Building and the Common Parts of the Development, including Factorial remuneration and charges incurred by the Factor. The Factor’s decision in regard to the apportionment of common charges shall be final:

(FIFTEENTH) Teague expressly reserve to themselves the right, so long as they remain Proprietor of any part of the Development, Listed Building or Sub-Stations to alter or modify in whole or in part the foregoing conditions and in the event of their so doing the Proprietors shall have no right or title to object thereto and will have no claim in respect thereof:

(SIXTEENTH) The foregoing reservations, burdens, conditions, provisions, declarations and others herein written are declared to constitute a Common Plan or Scheme with the effect of conferring on each of the Proprietors the right to enforce the said reservations, burdens, conditions, provisions, declarations and others against all other Proprietors so far as each Proprietor may in every case have a patrimonial interest so to do.
Feu Disposition by Teague Homes (Scotland) Limited to Jonathan Arthur Edwin Sykes and another and their executors and assignees recorded G.R.S. (Midlothian) 9 Jun. 2000, of the subjects in this Title, contains no additional burdens: