Real Estate Disputes
We advise on a broad range of real estate disputes, and help our clients to resolve them – by various means including litigation if necessary.


“Good knowledge of niche areas, commercial focus, practical advice.”

Legal 500 (2022)


Our real estate dispute specialists provide a UK-wide service, working closely with our Commercial Real Estate and Rural Property teams when required, to resolve disputes and help our clients to achieve their legal and commercial goals.

Much of our work is focused on helping clients to avoid disputes, or failing that to resolve them without the need for formal proceedings. If litigation is necessary, we have experience in many forums including, in Scotland, the Court of Session, Sheriff Court, the Lands Tribunal for Scotland, the Scottish Land Court, and the First Tier Tribunal; and, in England, the County Court, Upper Tribunal (Lands Chamber) and First-Tier Tribunal Property Chamber.

Our expertise includes:

  • Property contract disputes
  • Dilapidations
  • Leasing/landlord and tenant issues
  • Title issues, including variation/discharge of title conditions and servitude disputes
  • Telecoms litigation under the Electronic Communications Code
  • Public access rights and rights of way
  • Crofting law and property issues
  • Alternative forms of dispute resolution, in particular mediation and expert determination

Colin Archibald

Partner

Elaine Brailsford

Consultant

Nathaniel Buckingham

Partner

Alec Fair

Associate

Stephanie Hepburn

Partner

Catherine Johnston

Solicitor

Gina Johnston

Senior Associate

Shona Lean

Solicitor

Thomas McFarlane

Senior Associate

David Mitchell

Partner

Ben Pilbrow

Partner

Hayley Russell

Senior Solicitor

Philip Sewell

Partner

Ben Sheppard

Senior Associate

Ross Simpson

Senior Solicitor

Sarah Walker

Director

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Related articles and insights: Real Estate Disputes

5 June 2026

The right to roam: Know your rights and responsibilities

Contributors:
Emma De Sailly, Stephanie Hepburn, Hamish Lean

The right of responsible access (colloquially referred to as the "right to roam") has led to many questions for both landowners and the general public. We outline the key rights and responsibilities for both below so that you can understand what yours may be. 

4 June 2026

Resolving rural disputes: Open water and occupiers’ liability

Contributor: Stephanie Hepburn

As wild swimming continues to enjoy a surge in popularity, our rural disputes experts look at the duties owed by landowners and occupiers to members of the public accessing open water on their land. 

30 April 2026

Wrongmove? Private landlords may have to accept reduced eviction options

Contributor: Ross Simpson

The Housing (Scotland) Act 2025 gives the Scottish Government the power to convert existing assured tenancies into a different form – without landlords’ consent.

27 February 2026

Private residential tenancies: Your essential guide to the new regime

Contributor: Ann Stewart

As of 1 December 2017, landlords letting a residential property under a new lease are now subject to a new letting regime in Scotland – the private residential tenancy.

10 February 2026

Community Right to Buy: What has changed in the Land Reform (Scotland) Act 2025?

Contributors:
Stuart Greenwood, Tanya Yesipova

With the Land Reform (Scotland) Act 2025 receiving Royal Assent in December 2025, we look into what changes were introduced to the Community Right to Buy reforms?

8 January 2026

Community Right to Buy: Abandoned neglected or detrimental land

Contributor: Ann Stewart

Among the rights to acquire land that are available to communities in Scotland is the right to buy abandoned or neglected land, or land which is causing harm to the environment due to its condition or activities on it.

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