Thanks Mark,

It was however my understanding that more than one inhibition could be registered at the same time over the same debtor/property. Would this not cause any issues? It does however make sense that it would be ineffective as the Trustee is vest of the property and not the debtor, and so should be free to transact as they see fit.

Is there any statutory basis for this?

Apologies for pestering you but I am a law student and been assigned a research task by a firm I'm keen to make a good impression on and dementing myself trying to find authority to this view.

Thanks in advance

Hi deborah93

Sorry for the delay as I was in a meeting ( out in the sun!)

Outwith sequestration, more than one inhibition can be registered. In the even of a sequestration, this acts as an inhibition and a copy of the award is send to the Regisers of Scotland for recording.

My understanding is that a 2nd inhibition within 7 days of the award is not necessarily voidable as this may relate to a transaction in good faith and at value. On award, the onus would be for the Registers of Scotland to check the register and if the sequestration is shown, then the 2nd inhibition is voidable on the basis that they are a creditor caught under the sequestration and not a new creditor.

In summary you are correct as the property would ultimately vest in a trustee and therefore the purpose of the inhibition ( to stop the voluntary transfer of heritable property by the debtor ) would no longer exist.

Law of Inhibition and Adjudication by George Gretton is good and a bit of a bible ( subject to any reg amendments) I might even have a copy.

Hope this helps a bit.

Mark

No problem, you're quite right - it's a glorious day in Glasgow, not one to be spent stuck in the office!

Thanks. That's just clarified what I thought. Just need to find some staute to back that up. I already havea copy of Gretton waiting on hold for me in the library, so hopefully that will assist with that!

Thanks a million!
Deborah

You'll have a wee bit of research I suspect, although Gretton will clear/point to most of it up hopefully. Research material would be:

Conveyancing (Scotland) Act
Land Registration (Scotland) Act 1979
Bankruptcy (Scotland) Act 1985 ( as amended)
Bankruptcy and Diligence etc. (Scotland) Act 2007

Time for you to grab your laptop, a glass of wine and head out into the sun. Law is always better when it's sunny!

Mark

I know I had an inhibition the Trustee told me they would put one on my property. How do I check that this has now been removed??

Hi WIKIKEE

It's a condition of your discharge (Form 5) that the trustee sends Form 14 to the registers to lift the inhibition. One needs to follow the other.

Mark

I'm pre form 5 all I got was a letter from Trustees...

Hi WIKIKEE

In that case the inhibition will be discharged when Form 5 is issued. There would be no real reason to do it beforehand unless it was to give clear title in a sale or something.

Mark