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JGM, Solicitor
Category: Property Law
Satisfied Customers: 12087
Experience:  30 years experience in property law.
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A person owns properties in Scotland and he owes me money. I

Customer Question

A person owns properties in Scotland and he owes me money. I wish to take charge over 8 of his properties in Scotland.
Can you call me to discus on :***********
Submitted: 1 year ago.
Category: Property Law
Expert:  JGM replied 1 year ago.

In Scotland you can't take a charge or security over a property unless the owner agrees to grant one. What you have to do is raise a court action in the Scottish sheriff court. At the time the action is commenced your solicitor can instigate what is called G4A procedure and ask the court to grant a Warrant for Inhibition on the Dependence of the Action. You have to establish that there is a real risk of the defender not paying any decree granted by the court or that the person might dispose of their assets and thus defeat your claim. The Inhibition is similar to a charge in that it prevents the defender from selling or otherwise dealing in any heritable properties he owns without the express permission of the court. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.