Part 5Inhibition

Breach

162Registration of notice of litigiosity and discharge of notice

After section 159 of the 1868 Act insert—

159ARegistration of notice of summons of action of reduction

1

This section applies where a pursuer raises an action of reduction of a conveyance or deed of or relating to lands granted in breach of an inhibition.

2

The pursuer shall, as soon as is reasonably practicable after the summons in the action is signeted—

a

register a notice of that signeted summons in accordance with section 159 of this Act; and

b

register in the Land Register of Scotland or, as the case may be, record in the Register of Sasines a copy of that notice.

3

Where a decree of reduction is not obtained in the action to which the notice relates, the pursuer shall, as soon as is reasonably practicable—

a

register in the Register of Inhibitions; and

b

register in the Land Register of Scotland or, as the case may be, record in the Register of Sasines,

a discharge of that notice in (or as nearly as may be in) the form prescribed.