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Land Registration etc. (Scotland) Act 2012

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This is the original version (as it was originally enacted).

69Renewal of caveat

This section has no associated Explanatory Notes

(1)The applicant may apply to the court which granted the warrant to place the caveat for warrant to renew it.

(2)The court may, if satisfied as to the matters mentioned in subsection (3), make an order granting warrant to renew the caveat.

(3)The matters are that—

(a)the applicant has a prima facie case on the merits of the proceedings,

(b)were warrant to renew the caveat not granted, there is a real and substantial risk that enforcement of any decree or order in the proceedings granted in favour of the applicant would be defeated or prejudiced by reason of the other party being likely to deal with the plot of land, and

(c)in all the circumstances, including the effect which renewing the caveat may have on any person having an interest, it is reasonable to make the order renewing it.

(4)The onus is on the applicant to satisfy the court that the order renewing the caveat should be made.

(5)The court may renew a caveat on more than one occasion.

(6)In this section and in sections 70 and 71, “the applicant” means the person who has placed a caveat on the title sheet.

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