Conveyancing Practice in Scotland, 6th edition

"35 years ago there were not many up to date textbooks on Conveyancing law and practice. How times have changed. Today, we have a number of excellent publications and this is to the benefit of conveyancing practitioners and students alike.

The late John Sinclair was a character and an enthusiast for the law. His lively contribution to debate is missed. It is therefore good to see a sixth edition of his conveyancing text being published. The authors are to be congratulated for retaining the essential spirit of previous editions.

Given the number of excellent books on conveyancing that are currently in circulation, it was with some trepidation that I commenced my review. I am pleased to say however that the book is very good and its “easy to read” style will be of benefit especially to students. It has its place in what is a strangely crowded space for a small legal jurisdiction.

The book adopts a style of “from the basics up” approach and, at times, the authors could have provided more examples of further reading. Such references that are found at the end of individual chapters are somewhat sparse and, dare I say, selective. There is a comprehensive analysis of a number of topical subjects including the Combined Standard Clauses; the PSG Due Diligence Checklist for commercial transactions; E-Conveyancing ( especially the reference to the Life Association of Scotland case in paras 2.08 and 4.05(b)); and buying a new house from a builder (para 6.11). It was a good idea to repeat the CML Disclosure of Incentives Form. I particularly liked the treatment of money laundering and the common sense guide to adopt what the authors describe as the “smell test”. That is good practical advice. Other useful topics covered include a review of the PSG Offer to sell investment property; advice when purchasing a property for a business (para 6.15); and advice when selling part of property (para 6.16).

The trademark of John Sinclair’s text, however, was always his treatment of the important art of examination of title or, as he correctly called it, “ the stuff of conveyancing”. As is stated in para 8.02: “Examination of title is a process: a voyage of discovery with an identified destination in mind.”

The authors’ treatment of real burdens is practical and easy to follow. It is good to encourage a move away from what is described as a “feudal mentality”.

Para 10.05 considers the subject of acting for both borrower and lender in a security transaction – a subject that is of current topical interest. I was also pleased to see the distinction being made between recission and resiling in para 12.01. These are terms that are often used in the wrong context.

This book has many other good points and you are encouraged to discover them for yourself."