MacRoberts Property Litigation team sits under the umbrella of the Commercial Dispute Resolution Group, which itself is one of the most respected and formidable in Scotland. Our Property Litigation team consists of 2 partners and a further 5 lawyers - including two of our three qualified Solicitor Advocates - specialising in property litigation. Three of our team are active members of the Property Litigation Association, with Senior Associate Gillian Craig, in particular, focusing on property related disputes. In addition, planning expert, Sarah Pirie, joined the firm in 2007 with a resultant increase in capacity to deal with planning related litigation.
Property litigation is increasingly seen as a stand-alone specialism, given the ever-increasing amount of work undertaken by our team in this area. In particular, the volume of property related disputes with which we are involved has increased as the size of our Real Estate Group grows. As such, we are involved in the full ambit of property related disputes, including disputes in relation to title conditions (be it asserting title conditions, or applying for their variation or discharge), landlord and tenant disputes (including eviction and dilapidations claims), development agreements, boundary disputes, encroachments, nuisance, crofting and agricultural law and breach of missives.
Chambers UK Guide 2008 notes:
"Unquestionably one of the leaders in the construction market, MacRoberts has a firm foothold in the related practice area of real estate litigation."
Some of the matters which indicate our range of Property Litigation expertise are:
Our Approach
Our specialist team is able to advise clients on the full ambit of property related litigation at every stage of the process - be it to advise on the implications of a particular issue and how to address it, prospects of success or otherwise, or how to enforce or protect your rights once a dispute actually arises.
Solving a Range of Disputes
There are a number of forums in which property disputes arise, be it the Court of Session or Sheriff Court, the Lands Tribunal or Lands Court, or at adjudication or arbitration. Our specialist team have experience of all such forums, however, they are increasingly involved in identifying quicker and more cost-effective resolutions, be that by negotiated settlement or mediation as appropriate.
Advice & Negotiation
Often all that is required is to give some initial advice to our clients regarding arguments available and potential routes for resolution to allow them to move matters forward. In recent years, an increasing proportion of our work involves advising our clients on law and strategy to allow them to reach a negotiated settlement. When required, we can advise on a range of measures including effective negotiation and mediation.
Mediation
One of our Partners is a CEDR Accredited Mediator and all of our lawyers have received training in Mediation. For example, we recently represented a property developer in a mediation against the insurers of firms of solicitors who failed to note that their clients' properties encroached onto our clients land.
Litigation
In relation to Litigation, we have recently:
- Acted for a developer in four separate Court of Session actions seeking declarators of ownership of land, reduction of dispositions and violent profits.
- Acted for a large housing association in a number of Court of Session actions in relation to the removal of tenants
- Acted in a multi-million pound dispute concerning breach of an agreement to lease various undetermined plots of land.
- Acted in a judicial review in respect of a significant test case concerning the determination of access rights outwith normal servitude rights.
- Acted in an action for interdict over a question of failure to give vacant possession
- Challenged the validity of notices to quit in relation to a commercial lease.
Lands Tribunal & Lands Court
In respect of the Lands Tribunal & Lands Court, we have recently:
- Advised in relation to rectification of the Land Register and liaising with the Keeper; appealing the Keeper's decision not to rectify
- Acted for developers in Lands Tribunal applications for the discharge of various title conditions.
- Defended an action for declarator of crofter's access rights including detailed submissions on the Land Court's jurisdiction.