Register of Insolvencies
The register of insolvencies is a statutory register about the insolvency of individuals and businesses in Scotland.
Information on the diligence of Actions for removing from heritable property
An action of removing from heritable property is an action in which authority is granted to remove or 'eject' a defender from the pursuer's property. 'Removing' has a general meaning which covers any surrender of heritable property. The term also applies more specifically to an action where a heritable proprietor (the person who has the right to the property, often the owner) recovers possession of their property, for example, where a landlord recovers possession of their property from a tenant.
'Ejection' is the term used where an owner of heritable property wishes to recover possession from someone who has no legal right or title to occupy the property, for example, where there are squatters in residence.
This area of the law covers various types of removal and there are different rules and terms used depending on the legal grounds on which an action for removing is based.
Part 15 of the Bankruptcy and Diligence etc. (Scotland) Act 2007, sets out rules to be applied consistently to all types of removing. These actions will be known as 'actions for removing' regardless of the legislative basis under which a decree for removing is granted. Provisions introduced by Part 15 will, for example, apply to the removal of public sector tenants, private tenancies, removal for debt enforcement and the removal of squatters. A change to Sheriff Court Rules will also come into force on 4 April 2011, the effect being that a defender may lodge a minute to recall a decree of removing from heritable property at any time before the removal takes place.
The legal grounds and court processes for removing someone from property will not be altered by the commencement of Part 15, however the process of removing someone after a decree for removing has been granted, will change.
Part 15 includes the following areas:
- Clarification of to which types of action the new rules apply
- Allowing the procedure and practice in executing a decree for removing to be prescribed by Act of Sederunt (expected to come into force at the end of 2011)
- Charge for removing to be served upon the defender before the removal can take place. This charge will give the Defender a period of (usually) 14 days’ notice before the removing can take place, unless in special circumstances the sheriff dispenses with or varies the 14 day period
- Circumstances when removing is not competent
Preservation of property left in premises
Abolition of the law on finding caution (i.e. lodging of funds with the court) for violent profits, although the court may order the defender to find caution for other types of damages for which the defender may be responsible
This section of the website is intended to give a broad overview of diligence. It is not a full statement of the law nor does it provide a full description of each of the processes.