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.

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

Meet our key contacts

Colin Archibald

Partner

Contact by email

+44 (0)131 473 5471

+44 (0)791 240 6050

Connect on LinkedIn

Download vCard

View Profile

Meet our full team

Colin Archibald

Partner

View Profile

Elaine Brailsford

Consultant

View Profile

Nathaniel Buckingham

Partner

View Profile

Alec Fair

Associate

View Profile

Stephanie Hepburn

Partner

View Profile

Gina Johnston

Senior Associate

View Profile

Shona Lean

Solicitor

View Profile

Thomas McFarlane

Senior Associate

View Profile

David Mitchell

Partner

View Profile

Ben Pilbrow

Partner

View Profile

Hayley Russell

Solicitor

View Profile

Philip Sewell

Partner

View Profile

Ben Sheppard

Senior Associate

View Profile

Ross Simpson

Senior Solicitor

View Profile

Sarah Walker

Director

View Profile

Close

Related articles and insights: Real Estate Disputes

26 June 2024

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. 

Read more...

25 June 2024

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. 

Read more...

14 June 2024

Rebutting the proprietor in possession presumption – the challenges in rectifying a 1979 Act title.

Contributor: Stephanie Hepburn

It is a high test to rebut the presumption that the registered owner of a property is the proprietor in possession, but the case of Littleson v Macalister demonstrates the circumstances in which the court may be willing to find that has been done.  This article was first published in Greens Property Law Bulletin 

Read more...

2 November 2023

Logan v Irons: the doctrine of confusion and knowing your servitude rights

Contributor: Ross Simpson

In this article we examine the recent case of Logan v Irons [2023] SAC (Civ) 9 in which the Sheriff Appeal Court set precedent over two central issues (1) that servitudes become completely extinguished by confusion when two properties come into joint ownership and (2) as servitudes do not revive when two titles separate, a servitude was created by implied grant years later when the property was disponed by a heritable creditor.

Read more...

27 September 2023

Are the conditions in your commercial property title clear?

Contributor: Siobhan Dunphy

If you own a property, you may be aware of real burdens. Senior Associate Siobhan Dunphy explores real burdens and what can happen when sometimes the terms are ambiguous. 

Read more...

25 September 2023

Prescriptive Servitudes and Purpose; Ferguson v Gregors and Fowler

Contributor: Ross Simpson

A recent case in the Sheriff Appeal Court clarified the Court’s approach in circumstances in which a burdened proprietor under a prescriptive servitude attempted to restrict the purpose for which that servitude could be exercised.

Read more...

---

Contact us

Colin Archibald

Partner

Contact by email

+44 (0)131 473 5471

+44 (0)791 240 6050

Connect on LinkedIn

Download vCard

View Profile