Confirmation of ownership
As part of the Community Asset Transfer (CAT) process, applicant groups will be responsible for all reasonable property and legal costs - both the Council's and their own. Submission of a formal request for Community Asset Transfer must be accompanied by confirmation of property ownership. This may also identify other legal constraints on the use of the land or building of interest, which could impact community plans for alternative use.
Applicants can obtain a legal title search from the National Records of Scotland or a private searching agency. Alternatively, Highland Council Legal Services can commission an initial title search from NRS or a title searcher, on behalf of the group - this will require submission of a £500 up-front bond against which the cost of the title search will be charged. This early legal investigation is a relatively small initial investment in terms of the total cost of taking ongoing legal responsibility for the transfer and use of land or buildings as a result of CAT.
Valuation of the asset
If an applicant group wants to commission a third-party valuation of the property by an independent surveyor, the Council's Area Surveyor must first be given the opportunity to instruct terms of the valuation, prior to it being carried out.