Adjudication

Adjudication for debt is the diligence which creditors may use against specific heritable property of the debtor. 

A creditor, who has, say, decree for payment, must first raise an action of adjudication in the Court of Session. Decree in that action gives the creditor some rights over the debtor’s property (such as the ability to remove the debtor from possession and to let the property).

However, if the debt is not paid off, a 10-year period (the “legal”) must expire before the creditor can take the next step, raising an action for declarator of expiry of the legal. Decree in that action has the effect of transferring ownership of the property to the creditor. The diligence was very little used however it has become more popular in the last few years.