Actions for removing from heritable property

Removing has a general meaning covering any surrender of heritable property, for example, the surrender of a lease by a tenant. The term also applies more specifically to an action by which a landlord recovers possession of their property from a tenant.

Ejection is the term used where an owner of heritable property seeks to recover possession of their property from someone who has no legal right to occupy it, for example, squatters.

Part 15 of the 2007 Act sets out new procedures to be applied consistently to all types of removing.

In particular:

  • It introduces the requirement for the service, upon a defender, of a charge to remove from the property in question
  • Clarifies when execution of removing can not be done
  • Makes provision for the preservation of the defender's effects

It is expected that Part 15 of the 2007 Act will be commenced in June/July 2009.