Land ownership and leases, whether agricultural, residential or commercial, frequently lead to disputes, either between neighbouring owners or between landlord and tenant. Disputes can also arise in partnerships and other commercial contracts.
Disputes with a neighbour might include: a failure to agree the boundaries; rights of access and other servitude and wayleave rights; and maintenance of boundary walls, fences and watercourses.
Disputes between a residential landlord and tenant might include: compliance with lease provisions; termination of tenancy; rent arrears and recovery of rented property; and appearance before a Private Rented Housing Panel.
Disputes between an agricultural landlord and tenant might include: rent reviews; rent recovery and enforcement of lease conditions; termination of tenancy and compensation for improvements; succession and assignation of the tenant’s interest; and right to buy.
There may also be other areas of dispute, for instance over environmental issues, such as wildlife crime, pollution, fly tipping, or occupiers’ liability, or subsidy appeals.
How can Thorntons help?
Our Land and Rural Business team has considerable experience of handling all such disputes.
We are also well placed to advise you on alternative dispute resolution, through arbitration or mediation, as well as representing you at the Sheriff Courts, Court of Session and the Scottish Land Court.
Disputes between employers and employees can be handled by our Employment Law team.