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Roup meaning
What does Roup mean?
In legal practice, especially in Scotland, roup means a sale by public auction of property (heritable or moveable), including judicial or court‑ordered sales. It is a descriptive Scots law term, widely used in case law and referenced in legislation (for example, in the context of enforcing standard securities), rather than a separately defined statutory concept.
Key features include:
- Open, competitive bidding with sale to the highest bidder, often subject to a reserve (upset price).
- Conditions of sale set out in the articles of roup, typically covering deposit, settlement period, title and risk, exclusions, and remedies on default.
- Procedural requirements such as advertisement and notice where mandated by court order, insolvency rules, or the governing instrument.
Typical uses include conveyancing sales by auction, enforcement of security over heritable property, insolvency realisations (sequestration and liquidation), and sales supervised by the sheriff court or Court of Session.
Jurisdictional note: Outside Scotland (England & Wales, Northern Ireland and Ireland), the standard term is auction; roup is archaic or only encountered in Scottish materials. Practitioners should read “public roup” as “public auction” and consult the applicable conditions and regulatory framework.
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View the related Practice Notes about Roup
PRACTICE NOTES
Glossary of Scottish Insolvency Law Terms with England and Wales Equivalents
This is a glossary of common words and expressions used in Scottish insolvency law with the nearest England and Wales insolvency law equivalent (where relevant) Absolute insolvency Meaning: When a person’s liabilities are greater than the overall worth of their assets. Nearest English equivalent: Balance sheet insolvency. Accountant in Bankruptcy (AiB) Meaning: A Scottish Government agency overseeing the regulation of personal bankruptcy (sequestration and Protected Trust Deeds) in Scotland, and able to serve as trustee in sequestrations where no insolvency practitioner is appointed. It also maintains records of corporate insolvencies in Scotland (receivership and liquidations only) but does not perform the role of Official Receiver. See Practice Note: Scotland: the Accountant in Bankruptcy. Nearest English equivalent: N/A. Accountant of Court Meaning: A court-appointed officer within Scottish Courts and Tribunals who administers funds consigned to the Accountant of Court pursuant to a Court of Session interlocutor or during liquidation proceedings. They oversee Judicial Factors or Administrators appointed by the Court to manage estates...
21 May
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PRACTICE NOTES
Scots Property Law Glossary: Key Terms with England and Wales Equivalents, Registers, Land Registration and Conveyancing Practice
This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...
21 May
Read More View the related UK Parliament Acts about Roup
UK PARLIAMENT ACTS
SCHEDULE 2 Powers of a Scottish Receiver (Additional to Those Conferred on him by the Instrument of Charge)
Power to take possession of, collect and get in the property from the company or a liquidator thereof or any other person, and for that purpose, to take such proceedings as may seem to him expedient.
