We were instructed by a farmer and rural business owner following the passing of their father. Their expectation was they would inherit the full farm tenancy and part of the land so they could buy out their sibling. This belief came from verbal promises made by their late father over several years. The will did not reflect this arrangement, however. We provided advice on possible breach of promise and grounds on which the will could be challenged. We negotiated a settlement with the other beneficiary under the will which saw our client receive the full farm tenancy and buy out their sibling. We worked in conjunction with the client’s retained accountants and tax advisers and surveyors to ensure that the settlement best achieved the client’s objectives.

We advised a son and owner of a business on inter-connected and highly contentious issues, including a dissolution of partnership, a commercial business, an intestate executry and a combination of sasine and land registered titles to an estate. The instructions involved members of our Dispute Resolution, Private Client, Commercial

Real Estate and Corporate teams. A lasting resolution was reached in private at mediation.

We are frequently instructed to provide advice and representation in relation to boundary and land disputes. Recent cases have included the removal of illegal occupiers, challenging the jurisdiction of a boundary dispute raised before the Court of Session and representing a client in a declaratory action stemming from competing sasine title deeds.

We have experience of representing clients before the Lands Tribunal and Lands Court including in relation to the removal or variation of title conditions in terms of section 82 of the Land Registration etc. (Scotland) Act 2012.

We provided advice to a rural business owner who had diversified into the wedding and events market. The business had been badly affected by the COVID-19 pandemic and their terms and conditions of hire were no longer fit for purpose. These were reviewed and re-drafted. We provided representation to resolve claims stemming from contracts affected by the COVID-19 restrictions.

- We act for a retained fish farm client whose premises have been the subject of tress pass by an environmental activist. Working with our commercial property team, wee obtained interim protections and seek full orders to protect our client’s staff and operations.

- We acted for a charity which provides support to vulnerable service users on rural farmland. The charity’s operators arrived one day to find a major utilities provider preparing to excavate large parts of their ground near part of the activity centre used by their clients. We entered into urgent dialogue with the utilities provider. As a result of our strategy we agreed a halt to the works pending an alternative building solution being found and recovered our client’s full legal costs form the utility provider without the costs, uncertainty and publicity of formal court proceedings.

- We routinely provide advice in relation to planning and CPO compensation claims. Working closely with surveyors and land agents in order to support payments for compensation with applications to the Lands Tribunal, where necessary.

- We are presently instructed in a number of short term lets matters including acting in appeals before local review bod’s where change of use requires to be granted for continued operation of the business.

- Where possible we seek to make use of mediation and act in conjunction with specialist planning consultants and surveyors to ensure the best possible outcome for clients.

We frequently provide advice in relation to equine law matters including in relation to contract disputes following purchase of a horse and damages actions in connection with injury to horses.