Inhibitions

What is an Inhibition?

An inhibition is a form of diligence which can be used to recover monies owed in terms of a court judgment (known as a decree in most court actions or decision form in Simple Procedure actions). 

It effectively prevents a debtor – against whom the court has granted a judgment/ the relevant order pending judgment – from selling their heritable property (subject to certain qualifications).   

The debt covered by the inhibition includes the sum specified in the relevant court judgement plus interest and expenses incurred in relation to the inhibition and the Charge for Payment (if applicable) which preceded it.

Unlike most other diligences, inhibitions can be put in place without a Charge for Payment having been served and expired.

The ‘mechanics’ 

In practice, a schedule of inhibition would be served by Sheriff Officers/ Messengers-at-Arms on the debtor(s).  The schedule of inhibition is sent to the Keeper of Scotland to be registered in the Registers of Inhibitions. 

How long does it last?

An inhibition remains in place for 5 years (at which point it can be renewed).  It can be discharged if the creditor receives all sums due in terms of the judgment (plus relevant outlays) or otherwise reaches and agreement with the debtor to grant a discharge.  

Who can be subject to an Inhibition?

Inhibitions may be put in place in relation to individuals and corporates.  In the case of individuals, the target of the inhibition would usually be their home.  

The key point for an inhibition to be effective is that the party against whom it is registered must own property at that time which would be ‘caught’ by the inhibition.

Our experienced team can advise on inhibition and other enforcement options available.