Part 4Land attachment and residual attachment
Chapter 2Attachment of land
Termination, discharge etc. of land attachment
I1123Recall and restriction of land attachment
1
The debtor or any other person having an interest may apply to the sheriff for an order—
a
recalling a land attachment; or
b
restricting such an attachment.
2
An application under subsection (1) above must—
a
be in (or as nearly as may be in) the form prescribed by Act of Sederunt; and
b
be intimated to the creditor.
3
The sheriff must, if satisfied—
a
that the land attachment—
i
is invalid;
ii
has been executed incompetently or irregularly; or
iii
has ceased to have effect; or
b
that the creditor is, under section 122(2)(b) of this Act, obliged to discharge it,
make an order declaring that to be the case and recalling the land attachment.
4
The sheriff may, if satisfied that a land attachment is valid but—
a
having regard to the sum recoverable by the land attachment, that significantly more land is attached than need be; and
b
that it is reasonable to do so,
make an order restricting the effect of the land attachment to part only of the land to which it relates.
5
An order of recall or restriction must be in (or as nearly as may be in) the form prescribed by Act of Sederunt.
6
It is competent for a person who obtains an order of recall or restriction to register that order in the appropriate property register.