Rule 133 – Modification or discharge of registered inhibition

(1) An application to modify or discharge an inhibition entered in the register otherwise than by an order of a court shall be in Form 79 or 80.

(2) Where the application is not made with the consent of all persons appearing from the register and the instrument on foot of which the entry was made to be entitled to the benefit of the inhibition or their solicitors, it shall be accompanied by evidence of the facts on which it is claimed that the entry should be modified or by evidence that the right protected by the entry has been released or satisfied or has otherwise ceased to exist.

(3) Notice of the application, if not made with their consent, shall be given to the persons appearing from the register or the instrument on foot of which the inhibition was entered to be entitled to the benefit of the inhibition, who may object within the time stated in the notice. Every objection shall be in writing and shall state the grounds thereof.

(4) The Authority may make such ruling on the application as it may think just. In particular, it may direct the discharge of the inhibition or may continue it indefinitely or for a specified period or with such modifications as it may direct.