What Is An Inhibition Registered Against A Property

What is an Inhibition?

An inhibition is a grade of diligence which can be used to recover monies owed in terms of a court judgment (known as a decree in most court deportment or decision course in Simple Procedure actions).

It finer prevents a debtor – against whom the court has granted a judgment/ the relevant guild pending judgment – from selling their heritable holding (subject to certain qualifications).

The debt covered by the inhibition includes the sum specified in the relevant court judgement plus interest and expenses incurred in relation to the inhibition and the Charge for Payment (if applicable) which preceded it.

Dissimilar most other diligences, inhibitions tin can be put in place without a Charge for Payment having been served and expired.

The 'mechanics'

In do, a schedule of inhibition would exist served by Sheriff Officers/ Messengers-at-Arms on the debtor(s). The schedule of inhibition is sent to the Keeper of Scotland to be registered in the Registers of Inhibitions.

How long does it terminal?

An inhibition remains in place for 5 years (at which point it can be renewed). Information technology can be discharged if the creditor receives all sums due in terms of the judgment (plus relevant outlays) or otherwise reaches and agreement with the debtor to grant a discharge.

Who tin can be subject to an Inhibition?

Inhibitions may be put in place in relation to individuals and corporates. In the case of individuals, the target of the inhibition would usually be their dwelling.

The key point for an inhibition to exist effective is that the political party confronting whom it is registered must ain property at that time which would be 'caught' by the inhibition.

Our experienced team tin can suggest on inhibition and other enforcement options available.