Notice of a property affected by an insolvency proceeding

1. Does your national system admit such restriction?

This land register system  does not envisage this kind of notice nor include the possibility of registering a notice as such.

2. In your system, once registered this restriction, does it block or freeze subsequent registrations (mostly the ones promoted by the owner of the property) until being removed?

N/A

3. In your system, in principle, will the registration of this restriction be temporary (under a deadline) or indefinitely (it will be in force until being removed)?

N/A

4. Indicate the national legal sources about this judicial restriction

N/A

5. Please, give us an idea about the characteristics of the registration of this restriction in your system

While distinct from the Land Register, parties transacting with land and property in Scotland should also inspect the ‘Register of Inhibitions’ as part of their title examination. This register contains details of people who are not able to competently grant deeds in relation to his or her property. This could be, for example, because of insolvency. The aim of this register is to inform the public about the identity of these people. The existence of an adverse entry in the Register of Inhibitions will not act as an absolute freeze or bar on an application for registration in the Land register. However, that is the practical effect of an entry as any new transaction may be subject to reduction. Various statutes affect the Register of Inhibitions including the Inhibitions Act 1581, Titles to Land Consolidation (Scotland) Act 1868 and Bankruptcy (Scotland) Act 2016.