Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

Part 4 S Land attachment and residual attachment

Chapter 2 S Attachment of land

Land attachment S

Prospective

82 Attachable land S

(1) In this Chapter, “land” means—

(a) land (including buildings and other structures and land covered with water) owned by the debtor; and

(b) a long lease of land in relation to which the debtor is the tenant.

(2) It is not competent to create a land attachment over—

(a) land—

(i) to which a title has never been registered; or

(ii) to which the debtor does not have a registered title;

(b) a proper liferent in relation to which the debtor is the liferenter; or

(c) a long lease which is not assignable.

(3) Subsection (2)(c) above does not apply to a lease which is assignable only with the consent of the landlord, whether or not it is a condition of the lease that consent must not be withheld unreasonably.