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: