Part 4, Chapter 2 of the 2007 Act creates a new diligence over land (including buildings and other structures and land covered with water) owned by a debtor.
The debt must be constituted by decree or other document of debt and the debtor must be charged to pay. A creditor will then be able to register a Notice of Land attachment and once 28 days have elapsed thereafter, the attachment will have the effect of creating a security over the land attached. Six months after the creation of land attachment, a creditor will be able to apply for a warrant to sell the land.
The First Minister has announced that a debtor's home will not be subject to land attachment.
The introduction of land attachment will be considered along with the abolition of adjudication for debt, the introduction of residual attachment and the abolition of maills and duties. Further information about commencement will be provided as soon as it is available.