Land Registration etc. (Scotland) Act 2012

71 Recall of caveat

(1) Any person with an interest, other than the applicant, may at any time apply to the court which granted the warrant to place the caveat for the caveat to be recalled.

(2) The court must, if no longer satisfied as to the matters mentioned in subsection (3), make an order recalling the caveat.

(3) The matters are that—

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

(b) 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 granting the warrant to place the caveat may have on any person having an interest, it is reasonable for the caveat to continue to have effect.

(4) The onus is on the applicant to satisfy the court that the order recalling the caveat should not be made.