Decree of Adjudication in Execution - Example Deeds

General

A decree of adjudication in execution is registrable by virtue of section 62 of the Titles to Land Consolidation (Scotland) Act 1868 and section 29(2) of the Land Registration (Scotland) Act 1979.

The decree is pronounced by the Court of Session.

The example below is intended to provide the registration officer as to how such a form of decree might be set out and contain. In the example, the decree was granted in absence of the defender who chose not to challenge the granting of the court's order, but whether it was in absence or not, is not relevant to the decree's registrability where the plot of land affected is a registered plot.

An application for registration of such a decree must meet the general application conditions and the conditions of registration applying to it by virtue of section 26. The registration officer should apply those conditions when examining such an application.

Useful links

Insolvency - Personal and Corporate

For authentication of court orders, see:

Rejection policy and procedures

Example decree of adjudication in execution

Court of Session, Scotland

Extract Decree Adjudication

In the case of

X, design Pursuer

against

Y design Defender

At Edinburgh, the 30th day of November 2015 IN ABSENCE

SITTING IN JUDGEMENT, the Lords of Council and Session Adjudged, Decerned, and Declared from the defender to the pursuer of the defender's heritable property namely ALL and WHOLE of the dwellinghouse and garden ground 243 Eleanor Rigby Road, Edinburgh, registered in the Land Register of Scotland under title number MID91579; for payment by the defender to the pursuer of.......

And the said Lords Grant Warrant for all lawful execution hereon.