Rural Disputes
When advising those who live, work or operate in the rural sector on disputes, our focus is always on finding solutions. We are experienced in all methods of doing that, pragmatically and cost-effectively.
Our rural disputes specialists are part of the wider Rural Property and Business team. They are all immersed in the sector, using their extensive and detailed knowledge of it to offer clients comprehensive advice and solutions, and working seamlessly with the wider team when additional specialist input adds value.
We always try to resolve disputes without litigation, exploring suitable methods of Alternative Dispute Resolution, or ADR, where appropriate. If litigation is necessary, we have all the required experience in the Court of Session, the Scottish Land Court, the Lands Tribunal for Scotland, and the sheriff courts throughout Scotland.
Our expertise includes:
- Agricultural tenancy disputes and subsidy appeals
- Farming partnership and succession disputes
- Actions of division and sale
- Rent disputes and rent determination
- Boundary disputes (including ransom strips and encroachment)
- Title conditions (including servitude and real burden disputes)
- Ownership disputes including relating to missives, land registration, title rectification applications and appeals
- Disputes relating to occupancy rights over rural land including grazing lets, licences to occupy, and shooting lets
- Removal of unlawful occupiers, including animals
- Public rights of way affecting land, including the right of responsible access and occupier’s liability
- Energy, environmental and sustainability disputes, including rectification of wind farm leases, wayleave disputes, land pollution claims, disputed compensation claims and waste management disputes
- Disputes involving riparian rights including environmental issues and water pollution, fishing and sporting right disputes flooding matters, including statutory compensation claims in connection with flood risk prevention and management operations
- Water and flooding, including statutory compensation claims in connection with flood risk prevention and management operations
- Health and safety, food safety and licensing
- Contractual and supplier disputes including disputes relating to farm machinery
- Debt recovery
- Nuisance claims
- Professional negligence disputes
- Dispute relating to livestock, including ownership and parentage matters as well as livestock worrying and civil liability for damage caused by animals
- Residential property matters, including lease disputes, termination of leases, recovery of possession, property damage and high hedge disputes
- A wide variety of crofting matters, including options for dealing with crofting tenure to allow development on croft and common grazing land, succession to crofting tenancies, rectification of the Crofting Register, and common grazing apportionment
Meet our key contacts
Stephanie Hepburn
Partner
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Contact us
Stephanie Hepburn
Partner
