Law Society of Scotland Professional Education and Training (PEAT) PEAT 1: Conveyancing and Property Practice Syllabus

PEAT 1: Conveyancing and Property Practice syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for PEAT 1: Conveyancing and Property Practice in Law Society of Scotland Professional Education and Training (PEAT), not a summary of it.

1. 1

   Foundations of Scottish Property Law

   4 topics

   • Heritable and moveable property distinction
   • Ownership and real rights
     • Dominium and feudal abolition
     • Subordinate real rights
   • The Land Register and registration of title
     • Registration of title under 2012 Act
     • Land certificates and the cadastral map
   • Servitudes and real burdens
2. 2

   Residential Conveyancing Transaction

   5 topics

   • Taking instructions and the offer
     • Scottish standard clauses
     • Qualified acceptances and missives
   • Conclusion of missives
   • Examination of title
     • Title sheet and prior writs
     • Identifying burdens and conditions
   • Searches and reports
     • Property and personal searches
     • Property enquiry certificates
   • Settlement and registration
3. 3

   Finance and Security

   3 topics

   • Standard securities
     • Creation and registration
     • Standard conditions and variation
   • Acting for the lender
     • CML/UK Finance Handbook compliance
     • Reporting on title
   • Discharge and enforcement of securities
     • Calling-up notices
     • Repossession procedure
4. 4

   Commercial and Leasehold Property

   4 topics

   • Commercial property transactions
   • Commercial leases
     • Rent review and repairing obligations
     • Assignation and subletting
   • Residential tenancies
     • Private residential tenancy regime
     • Termination and the First-tier Tribunal
   • Development and planning considerations
5. 5

   Tax and Risk in Conveyancing

   4 topics

   • Land and Buildings Transaction Tax
     • Residential rates and ADS
     • Returns and reliefs
   • Title insurance and indemnity
   • Conveyancing risk and fraud prevention
   • Letters of obligation and classic conveyancing

PEAT 1: Conveyancing and Property Practice flashcards for Law Society of Scotland Professional Education and Training (PEAT)

22 of 54 cards from the PEAT 1: Conveyancing and Property Practice deck — real questions with worked answers.

1. In Scots law, how is property classified along the heritable/moveable axis?

   Heritable property is land and things permanently attached to land (buildings, fixtures); moveable property is everything else (corporeal moveables like goods and incorporeal moveables like debts/shares). The distinction governs which transfer rules and conveyancing process apply, and matters for succession.

2. What is the difference between corporeal and incorporeal property in Scots law?

   Corporeal property has physical existence (land, buildings, goods); incorporeal property is a right or claim with no physical form (leases, servitudes, debts, shares, intellectual property). Each axis (heritable/moveable and corporeal/incorporeal) combines, e.g. a lease is incorporeal heritable property.

3. What is the legal distinction between a 'real right' and a 'personal right' in Scots property law?

   A real right (right in rem) is a right in a thing, good against the whole world (e.g. ownership, lease, servitude, standard security). A personal right (right in personam) is enforceable only against a specific person (e.g. a contractual right under missives before registration). Conveyancing converts the buyer's personal right into a real right by registration.

4. What is the difference between the seller's obligation under missives and the buyer's real right of ownership?

   On conclusion of missives the buyer holds only a personal right against the seller to obtain title. Real ownership passes only when the disposition is registered in the Land Register. Until registration the buyer is not owner even after settlement and payment.

5. List the recognised subordinate real rights in Scots land law.

   The principal subordinate (limited) real rights are: the real right of lease, servitude, real burden, proper liferent, and the standard security (right in security). They burden the owner's right of ownership and are enforceable against successors.

6. What is the 'offside goals rule' (Rodger (Builders) v Fairhill) in Scots conveyancing?

   Where a seller grants a second right that is incompatible with an earlier personal right already created in favour of another, and the second grantee knew of the prior right (was in bad faith), the second grant can be reduced. It protects an earlier purchaser whose personal right has not yet become real.

7. What statute governs the current Land Register of Scotland and what is its key innovation?

   The Land Registration etc. (Scotland) Act 2012. It is a map-based register of title backed by the Keeper, replacing the older deeds-based Register of Sasines. Registration of a disposition is what creates the buyer's real right of ownership.

8. What is the difference between the Register of Sasines and the Land Register of Scotland?

   The Register of Sasines is an older chronological register of deeds, where title must be deduced from the run of deeds. The Land Register is a map-based register of title, guaranteeing the boundaries and content of each title sheet. Scotland is transitioning fully to the Land Register; many transactions trigger first registration.

9. What are the four sections of a Land Register title sheet?

   (1) Property Section (description and title plan), (2) Proprietorship Section (the owner(s)), (3) Securities Section (standard securities and other charges), and (4) Burdens Section (real burdens, servitudes and other encumbrances).

10. What is the 'Keeper's warranty' under the 2012 Act and how does it differ from the old indemnity?

    Under the 2012 Act the Keeper grants warranty that the title sheet is accurate; if it is later found inaccurate the proprietor may claim compensation. It replaced the pre-2012 'indemnity'. Warranty can be excluded or limited by the Keeper in certain cases.

11. Define a servitude in Scots law and name its two essential properties.

    A servitude is a real right burdening one property (the servient tenement) for the benefit of another (the dominant tenement), e.g. a right of way or right of access. It must (1) benefit the dominant tenement (praedial benefit) and (2) not impose a positive obligation on the servient owner (passive subjection only).

12. How may a positive servitude be created in Scots law?

    By: (1) express grant or reservation in a registered deed (the modern primary method under the 2003 Act), (2) prescription (20 years' open, peaceable possession), (3) implied grant/reservation on division of land, or (4) acquiescence in limited cases. Express creation now generally requires dual registration against both tenements.

13. What is the legal difference between a servitude and a real burden?

    A servitude typically confers a right to do something on or take something from the servient land and benefits a neighbouring property; a real burden is an obligation (usually negative/restrictive, sometimes affirmative) imposed on the burdened property enforceable by the benefited property. Real burdens are governed by the Title Conditions (Scotland) Act 2003.

14. Distinguish an affirmative, a negative, and an ancillary real burden under the Title Conditions (Scotland) Act 2003.

    Affirmative burden: obliges the owner to do something (e.g. maintain a wall). Negative burden: obliges the owner to refrain (e.g. not to build). Ancillary burden: regulates use/maintenance of property subordinate to another burden (e.g. a servitude or another burden).

15. What are the four requirements for a valid real burden under the 2003 Act?

    (1) It must be created in a constitutive deed and registered against both burdened and benefited properties; (2) it must 'run with the land' and relate to it (praedial); (3) it must not be contrary to public policy, illegal or repugnant with ownership; and (4) it must be expressed in the deed (the 'four corners' rule) with the burden identifiable.

16. What formality must writing satisfy to create a valid contract for the sale of Scottish heritable property?

    Under the Requirements of Writing (Scotland) Act 1995, a contract for the transfer of an interest in land must be in writing and validly subscribed (signed) by the granter. Missives are constituted by formal written, signed offer and acceptance.

17. What is a qualified acceptance in the conclusion of missives, and what is its legal effect?

    A qualified acceptance accepts the offer but introduces or amends conditions. In law it operates as a counter-offer, rejecting the original offer; the original offeror must then accept it (or counter again). Missives conclude only when an unqualified acceptance (de plano) of the final terms is delivered.

18. What does it mean for missives to be 'concluded'?

    Missives are concluded when the parties have reached complete agreement evidenced by a series of formal letters ending in an unqualified acceptance. At conclusion a binding contract of sale exists, giving the buyer a personal right to obtain title and the seller a right to the price.

19. What is a 'suspensive condition' (condition precedent) in missives and give an example?

    A suspensive condition is one that must be purified (satisfied) before the contract becomes fully enforceable or before a particular obligation arises, e.g. 'subject to the purchaser obtaining satisfactory planning permission' or 'subject to satisfactory survey'. Until purified, performance is suspended.

20. What is the difference between examination of title and conveyancing 'searches'?

    Examination of title is the purchaser's solicitor checking the seller's title deeds/title sheet to confirm good and marketable title free of adverse burdens. Searches are separate enquiries (e.g. property registers, personal/insolvency search, charges search) to reveal encumbrances, prior dealings and the seller's capacity.

21. What is a 'good and marketable title' that a purchaser's solicitor must be satisfied of?

    A title that is valid (the seller is owner and can transfer), free from undisclosed or unduly onerous burdens and securities, with no defects that would expose the buyer to challenge or prevent future resale. Standard missives oblige the seller to deliver a good and marketable title.

22. What is the purpose of a Property Enquiry Certificate (PEC) / property report in residential conveyancing?

    It is obtained from the local authority and reveals matters such as planning permissions, building warrants, statutory notices, roads adoption status, and other public-law matters affecting the property that do not appear on the title sheet.

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