Part 4Land attachment and residual attachment

Chapter 2Attachment of land

Land attachment

82Attachable land

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.