Park & Anor, Re Partial Recall Inhibition [2008] ScotCS CSOH_121 (19 August 2008)

Park & Anor, Re Partial Recall Inhibition [2008] ScotCS CSOH_121 (19 August 2008)

For the purposes of section 155 of the Titles to Land Consolidation (Scotland) Act 1868 as originally enacted, an inhibition takes effect from the conclusion of the day on which it, or the prior notice, was registered. Therefore, missives of sale concluded on the same day before registration are not struck at by the inhibition.

Citation
[2008] ScotCS CSOH_121
Parties
Petitioners: Thomas Park and Another; Respondent: Respondent (not named)
Jurisdiction
Scotland
Judgment Date
19 August 2008
Procedural Posture
Petition for Partial Recall of Inhibition / Interlocutory Hearing on Effectiveness of Inhibition
Outcome
Case put out by order for discussion on further procedure; no final order on recall granted at this stage.
Legal Topics
Inhibition, Effectiveness of Registration, Missives of Sale, Heritable Property, Recall of Inhibition
Civil Procedure Property Law Insolvency Law Inhibition Effectiveness of Registration Missives of Sale Heritable Property Recall of Inhibition

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Parties

Thomas Park and Another

Petitioners

Respondent (not named)

Respondent

Procedural Posture

Petition for Partial Recall of Inhibition / Interlocutory Hearing on Effectiveness of Inhibition

Legal Issues

  1. 1 From what point in time does an inhibition take effect under section 155 of the Titles to Land Consolidation (Scotland) Act 1868 as originally enacted?
  2. 2 Does an inhibition registered on the same day as missives of sale prevent implementation of those missives?

Ratio Decidendi

For the purposes of section 155 of the Titles to Land Consolidation (Scotland) Act 1868 as originally enacted, an inhibition takes effect from the conclusion of the day on which it, or the prior notice, was registered. Therefore, missives of sale concluded on the same day before registration are not struck at by the inhibition.

Court Disposition

Case put out by order for discussion on further procedure; no final order on recall granted at this stage.