The Ferryhill Terrace property is a basement flat situated in a residential area within Aberdeen City Council area with a valuation of £25,000. The KLTR was informed of the property in 2018 by a private individual who owns a property in the same residential block following concerns relating to dampness and the impact this was having on neighbouring properties.
This was a unique case in that the property appeared to be simply abandoned and not Bona Vacantia (BV) or Ultimus Haeres. Initially, the private party was keen to take ownership of the property but their circumstances changed and they were no longer interested.
Aberdeen City Council had placed a Charging Order on the property to recover costs for work undertaken and were interested in taking ownership of the property to negate any further deterioration and future community issues that these types of properties create.
Given the non-BV status of the property and the Council’s outstanding Charging Order, the KLTR agreed to waive any interest in the abandoned property and allow the Council to recover any outstanding debts unfettered by any potential KLTR rights, if they wished to do so.
The KLTR declining any interest in the property allowed Aberdeen City Council to take the appropriate steps to recover any financial loss in the property if it so wished. This allows the local Council to take action to address a local issue. This property and its uncertain status reflect the problematic nature of properties which are intimated to the KLTR. It also demonstrates how public bodies can work together to find pragmatic solutions to complex cases.