Personal property on land, powers to deal with
100 Personal property on land, powers to deal with
If under section 81(2) or 96(1) the sheriff may exercise the powers in this section in relation to personal property situated on real property, the sheriff may, if he or she thinks fit, remove the personal property from the real property and store it.
If the owner of personal property removed and stored under subsection (1) can be found —
the property must be returned to the owner if the owner pays the costs of removing and storing the property; but
otherwise, the property is to be dealt with by the sheriff in accordance with a court’s directions given under section 104.
If the owner of personal property removed and stored under subsection (1) cannot be found after reasonable inquiries by the sheriff, the property is to be dealt with by the sheriff in accordance with a court’s directions given under section 104.
A court that gives directions in respect of such property may give directions to enable the sheriff to recover the costs of removing and storing the property.
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