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Rural Disputes

Rural Disputes

As agricultural specialists, we are familiar with acting in litigious agriculture cases. Rural disputes can arise in a variety of ways, some of which are outlined below. Rural disputes are complex and require expertise to be resolved. If you are involved in an agricultural dispute, you should seek legal advice as soon as possible.

At The McKinstry Company, we will endeavour to negotiate a settlement for you, where appropriate. Alternatively, we can represent you, advocating on your behalf to ensure that your position is articulated in any court hearing. If you want further advice on rural disputes, please get in touch – our team will be delighted to assist.

Appeals of planning decisions

If you have made a planning application to your local council which has been refused, you can appeal. Different types of appeal can be made in different circumstances, so it is important you seek legal advice. For example, if your application was a local development determined by council officers without going to a committee, you may have a right of appeal to the Local Review Body and will have to submit an appeal within three months of the date of the decision of the application.

Alternatively, you may have the right to appeal to the Scottish Government, for example if your planning application was a major planning application or decided on by a committee. Again, there is a three-month deadline which applies, so you should seek legal advice as soon as possible.

Tenancy disputes

Many disputes can arise in relation to agricultural holdings, and these disputes can be varied in their subject matter. For example, a dispute may arise concerning the interpretation of a written lease or what type of lease is in place. Often these disputes revolve around contractual interpretation and will require a solicitor with expert Property Law knowledge to procure an agreement.

The Scottish Land Court deals with disputes between landlords and tenants in Scottish farming. We can represent you before the Court and ensure that your case is presented to secure the best possible outcome for you.

Disputes concerning the structure of agricultural, farming and rural businesses

At The McKinstry Company, we also have experience in corporate matters relating to rural disputes. We can advise on how best to structure your agricultural business and, if a dispute subsequently arises, we can represent you. For example, disputes may arise as to how the Company Articles for a limited company involved in farming are to be interpreted. Alternatively, if you are involved in a farming partnership and a dispute arises, we can assist in the interpretation of the partnership agreement. Often disputes of this nature end up in court, where we will be able to argue your case.

Succession disputes

Often agricultural businesses are family businesses. We appreciate that it can be particularly challenging when a dispute arises after someone has passed away. We can handle these disputes sensitively and with efficiency, protecting your position. If you wish to contest or dispute a Will, we can assist in litigation at the Sheriff Court or Court of Session. We can also endeavour to reach a mediated settlement, if this is appropriate.

Contact our Agricultural Lawyers in Ayrshire, Scotland

The above gives a brief overview of some of our experience in rural disputes. We also act in matters relating to compulsory purchase and regulatory and compliance matters. If you have an agricultural dispute you need to resolve, we have the knowledge and experience to assist you.

If you want to learn more about our services, get in touch today. You can contact us on 01292 281711 or complete our online enquiry form. Our friendly and dedicated team are here to help you.

Debbie Dunlop Partner
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Based in our Girvan office, Debbie is a Partner who is highly experienced in Private Client work, particularly in the agricultural and farming sectors. She used to enjoy travelling the world, but now married to a farmer, she spends her weekends in wellies, feeding cattle or on the back of a quad bike. Debbie is also a member of the Agricultural Law Association.

Having lived in Rome for a number of years, Debbie also studied Law at the Université d’Auvergne in Clermont-Ferrand – as a result, she is fluent in both Italian and French. She can also speak a bit of Spanish, thanks to travelling around various Central and South American countries, including walking the Inca trail. She has managed to convince her husband that the cattle in Argentina will be worth a look at some time soon!

A keen runner, Debbie has competed in 10Ks and half marathons, even completing the Rome Marathon. This now comes in handy during lambing time chasing after ewes.

Ayr Sandgate

Queen’s Court House
39 Sandgate
Ayr, Ayrshire
KA7 1BE

01292 281711
enquiries@mckinstry.co.uk

  • Disability access
  • Parking close by

Girvan

146-148 Dalrymple Street
Girvan, Ayrshire
KA26 9BQ

01465 713118
enquiries@mckinstry.co.uk

  • Disability access
  • Parking close by
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Some of our happy clients

  • All very prompt, efficient, clear, friendly and personable. Not overwhelming with legal jargon. Many thanks for making the process of setting up a will so straightforward.

    Mrs D, Troon

  • We required our Wills to be amended and that was done without any problems whatsoever.

    Mrs F, Ayr

  • Very business-like and helpful

    Mr M, Ayr

  • I was very impressed with the professionalism shown by all members of staff I had any dealing with. All calls and emails were relevant to the sale of my flat. All questions I had were dealt with at the time. For any further legal matters I will certainly be using The McKinstry Company

    Mr H, Ayr

  • Excellent service most happy with attentiveness and customer service.

    Mr F, Condorrat

  • Nat & Libby efficiently dealt with every question I had.

    Mrs K, Ayr

  • Kirsty understood our weird schedule when we were often 8 hours behind UK time, and simplified things for us by liaising via email. She was extremely approachable and dependable. In Kirsty’s absence, Jodie and Nathaniel would step in and communicate with us, and were very helpful too.

    Mrs N, Ayr

  • Great service and always on hand to answer our questions. Prompt and efficient response.

    Mr H, Ferniegair

  • Questions and communication were answered promptly

    Mr W, Sinclairston

  • Speaking from my own personal experience I was perfectly happy with the service I received. Everything was done to my satisfaction.

    Mrs I, Largs

  • Very efficient, timely and very mannerly on the phone

    Mr McN, Mauchline

  • The service was superb.  Kirsty and team were extremely helpful.

    Mr and Mrs R, Ayr

  • First class service from start till finish. Always there to give help and advice.

    Mr R, Ayr

  • Great service and advice from a good professional company.

    Mr R, Kilmarnock

  • Excellent, very friendly and professional. I will be using you for all my property transactions in the future!

    Mrs S, Godstone

  • My case was handled sensitively and smoothly.

    Mr N, Ayr

  • Everyone concerned in the sale of our property was very efficient and kept us up to date with all happenings.

    D Ferguy, Cookstown

  • Great service.  Would recommend you to others.

    Mr S, Kirkmichael

  • Communication was always available when required. Made me feel confident throughout the process.

    Mr L, Ayr

  • Always replied or phoned back when I needed my questions answered.

    Miss McF, Patna

  • A very prompt and friendly service, a pleasure to deal with.

    Mr R, Aberdeen

  • Robert was very supportive.

    M Carruthers, Kilmarnock.

  • Great, Rebecca was very pleasant to deal with and went out of her way to help with our case

    S Everett, Kilbarchan

  • The solicitor / paralegal I was dealing with was very professional and performed to a high standard. I was very impressed.

    B Ferguson, Methil

  • Local firm, word of mouth good reports.

    K Rooney, Glasgow

  • All queries were dealt with in a prompt and professional manner and I was kept informed of progress as events developed. Thank you very much for making a difficult situation much easier to deal with.

    Mrs McG, Ayr

  • Communication via telephone and email was regular, prompt and comprehensive. All queries and questions were answered with no delays or problems. My experience with the McKinstry Company was pleasant and smooth.

    Mr McK, Ayr

  • My family and I received excellent service from everyone with whom we had contact. The service was of the highest standard and, as I have in the past, I will continue to recommend the company to anyone seeking legal assistance.

    Mrs S, Ayr

  • All emails and calls were dealt with promptly. Very impressed. Very very pleased with service.

    Mr and Mrs H, Hull

  • I enjoy the friendly atmosphere. Very professional.

    Mrs A, Ayr

  • Mr Honeyman was very professional and knowledgeable which made us feel reassured. Very happy with the service and if I needed a solicitor again I would get in touch.

    Mr B, Ardrossan

  • Prompt quick efficient communication.

    Mrs K, Cumnock

  • Ease of making appointments and timescale for completion of business all good.

    Mr & Mrs T, Maybole

  • Gave reassurance and comfort at a stressful time. I felt ten times better after our first meeting and support provided ultimately exceeded my desired outcome.

    Mr N, Saltcoats

  • The supportive way that the advice was provided along with the willingness to fit appointments in with our requirements

    Mr R, Ayr

  • The whole process was handled with upmost professionalism throughout.

    Mr McN, Kilwinning
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We’re still open for business.

Our team of solicitors and support staff are still here for you. However we have postponed any face to face meetings, restricting communications to telephone, Skype and email. You can contact the Ayr office on 01292 281711 and the Girvan office on 01465 713118