If either the creditor’s or the reversionary proprietor’s interest has been registered in the Land Register, the discharge or reconveyance must be registered in that register. Adjudication Adjudication in execution 6.50 A decree of adjudication (in execution) does not by itself give the adjudger an absolute title to the subjects as the debtor can purge the debt at any time during the legal, thereby nullifying the effect of the decree. On registration of such a decree in the Land Register, the proprietorship section of the title sheet will therefore continue to show the debtor as proprietor but a further entry will be made also showing the adjudger as proprietor. However, there will be an exclusion of indemnity in respect of the latter entry to reflect that the adjudger’s title is a decree of adjudication subject to the legal. An entry will also be made in the charges section of the title sheet in respect of the security aspect of the decree, to establish its ranking in relation to other securities. If, on the expiry of the legal, the adjudger obtains and registers a decree of declarator of expiry of the legal, the entry relating to the former registered proprietor will be removed from the title sheet and the exclusion of indemnity will be removed from the adjudger’s entry. The entry in the charges section will also be deleted. If no declarator of expiry of the legal is registered, since the adjudger’s title is subject to an exclusion of indemnity, prescription will operate in favour of the adjudger from the date of expiry of the legal if prescriptive possession can be proved from that date. The long negative prescription can, of course, operate in favour of the proprietor if the adjudger neither registers a decree of declarator of expiry of the legal nor completes the adjudger’s right by prescriptive possession. The long negative prescription commences on the date of expiry of the legal. Adjudication in implement Unlike a decree of adjudication in execution a decree of adjudication in implement immediately gives the  adjudger  an  absolute  title.  Consequently,  when  an  application  is  made  to  register  a  decree  of adjudication in implement, this event is treated in the same way as a sale or transfer of the subjects. The entry relating to the former registered proprietor is deleted and replaced with an entry giving full particulars of the adjudger as the person entitled to the interest. Application for registration of decree In either of the above cases, application for registration should be made on Form 2 and the decree submitted in support of the application. As it is unlikely the adjudger will hold the land certificate, this is  an  instance  where  the  applicant  need  not  produce  a  land  certificate  with  the  application  for registration. The Keeper may use his powers under rule 17 to require the holder to exhibit the land certificate to him. After registration, where the adjudication is in execution, the amended land certificate will be returned to the holder and a land certificate will also be issued to the adjudger. Where the adjudication is in implement, the Keeper will issue the amended land certificate to the adjudger, now shown as the registered proprietor, unless the land certificate was originally obtained from a prior heritable creditor in which case the amended land certificate will be issued to that creditor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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