Breach
Section 160 – Breach of inhibition
438.This section provides that an inhibited debtor breaches an inhibition when the debtor delivers a deed to a third party transferring or granting a right in any property which is affected by the inhibition. As with sections 150(3) and 159(2) it is the date of delivery of the deed which is relevant. That is the date on which the breach occurs, rather than the date of conclusion of the missives for the transfer or the dates of grant or registration of the deed.
Section 161 – Prescription of right to reduce transactions in breach of inhibition
439.This section removes any doubt that the 20 year period of long negative prescription (set out in section 8(1) of the Prescription and Limitation (Scotland) Act 1973) applies to the right of an inhibitor to have a deed, granted in breach of an inhibition, reduced.
Section 162 – Registration of notice of litigiosity and discharge of notice
440.This section inserts new section 159A into the Titles to Land Consolidation (Scotland) Act 1868.
