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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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