In terms of the trust deed legislation your assets are conveyed to the trustee. The trustee therefore is required to sign any formal document regarding the sale of the property. To protect the trustee interest, the trustee will instruct his/her own solicitor to exclude any potential personal liability.

This case is slightly different as you have received a form 5 (or will in due course) and have paid the nominal payment.

I would request the trustee recalls the inhibition and provides a letter to you advising that they have relinquished their interest in the property.

That way, the trustee should not have to instruct a solicitor and the asset would be re-conveyed back to you. You would therefore be able to conclude the sale of the property without further input from the trustee.

Hope this helps

Hi Sharon, thanks for your reply. They sent an email stating they would not be interested in any equity from the sale of my property. i have asked the question about the inhibition being recalled so will see what they say when they get back to me.

Hi weemeee

If your Trustee is in the process of giving you your Form 5, the inhibition must have been recalled. In terms of the Protected Trust Deed Regulations, the Form 5 can't be issued if the inhibition hasn't been recalled.

thanks for your reply Captain Sensible. Do you know if the recall process is an immediate thing or another one of those lengthy processes?

Hi weemeee

It's really dependent on the Keeper of the Registers of Scotland. Usually, the recall is sent to them in the form of Form 9, and they normally register it within a week or so. Of course, all cases are different.

do you know if there are ways for me personally to search the register to see if the inhibition has been lifted or not or is the information not accessible to the public ?

Hi weemeee

I believe you can search the register, but it’s not readily accessible. I believe there’s a charge for each search.

ok will possibly look into how to go about it, thanks for your advice Captain Sensible

If you contact Registers of Scotland they should be able to help with information on how to perform a search.

thanks Swandog, will contact them tomorrow.. hopefully they can also give me a timescale of how long it takes for the inhibition to be lifted once my trustee recalls it.

Sounds like a good resolution.

Good luck with the move !

p