Pertinents can be created by the tenement's title deeds, or, to the extent these are silent on the topic, the fallback rules relating to ownership in the 2004 Act.iiTenements (Scotland) Act 2004, sections 1 and 3.
Examples of pertinents in the fallback rules include:
the right a flat owner has over the close, the Scottish term for the common passage and stair (which these rules say is owned as common property)
a chimney stack serving one flat (owned by that flat) or a right of common property in a chimney stack which serves several flats.iiiTenements (Scotland) Act 2004, section 3(1)(a) and (4).