Bankruptcy and Diligence etc. (Scotland) Act 2007

Prospective

82Attachable landS
This section has no associated Explanatory Notes

(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.