Notice of attachment to a debt due to a judicial claim
1. Does your national system admit such restriction?
This land register system envisages this kind of notice or includes the possibility of registering a notice as such.
Decree of adjudication
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?
Once registered this restriction, does not block or freeze subsequent registrations. It only serves as a warning to third parties.
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)?
In this system the duration of the registration of this restriction will be indefinite (until removed or deleted).
4. Indicate the national legal sources about this judicial restriction
A decree of adjudication in execution is a registrable deed by virtue of section 62 of the Titles to Land Consolidation (Scotland) Act 1868 http://www.legislation.gov.uk/ukpga/Vict/31-32/101
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
An adjudication for debt is often a last course of choice and consequently registration in the Land Register is extremely uncommon.
On registration of an adjudication in execution in the Land Register, the title of the owner of a property does not pass to the creditor/’adjudger’. The debtor has a period of 10 years in which to ‘purge’ or repay the debt at which point they can seek to have the ‘adjudger’s ’ restriction removed from the register. Conversely in the absence of repayment the ‘adjudger’ can obtain a decree of expiry which in turn can be used to install themselves as proprietor of the property.
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 unpaid debts or bankruptcy proceedings. 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.
