The title deeds of my building say I can't put a satellite dish on my wall but there is an Act that says I can

Question

So which is it? Does my statutory right to put up a satellite dish on any wall of my own property as set out in the Tenements (Scotland) Act allow me to ignore this condition in the deeds or would I be subject to breach of the term even though I have the statutory right. I thought that an Act of Parliament is the highest law of the land in the UK and by that reasoning a statutory right is the highest right you can have. Am I correct?

Answer 1

The Tenements (Scotland) Act 2004 did not have retrospective effect, so the deeds to your home will continue to be binding. Section 19 refers to 'equipment' and the right to fix and keep there, such equipment. This will probably include satelite dishes.

Answer 2

Which bit of the Tenements (Scotland) Act 2004 are you referring to? I've had a read but can't see any reference to satellite dishes, antennas, aerials or anything to do with fixing stuff to walls.

Answer 3

Here in the US that is a deed restriction...although the law of the land says you can the stricter code applies....But that is the US....check with a Solicitor for a better more accurate idea.

Answer 4

Is it a condition or covenant?

I know at least in the case of covenants, statute law takes precedent, i would have thought this applies to conditions as well.