Family Law AssociationThe Law Society of Scotland
Glasgow 0141 375 1222

Property Dispute Lawyers Glasgow & Scotland

Based in the heart of Glasgow our property team advise businesses, landlords, tenants and investors throughout Scotland. Property disputes can get complex and you need a legal team steeped in expertise. From the supreme court to the lands court, our property solicitors have unrivalled knowledge when it comes to property disputes. Taking proceedings to court is not always the answer but when it is you can be assured Jones Whyte will guide you through the process correctly.

What Counts As A Property Dispute?

Property disputes come under a wide umbrella including commercial property, residential property, boundary disputes, deposit disputes and land ownership disputes. A property dispute can be between landlords and tenants over repairs or rent, it could be between neighbours who are disputing the boundaries between their property. It could also be a dispute with a neighbour about shared access to your property or land and if this access is being blocked. Another common dispute is between neighbours regarding their garden and who is responsible for overhanging trees.

If you have any of these questions or similar questions then our property dispute lawyers are ready to help you find the answers. No two property disputes are the same and the resolution depends on the particular circumstances. Our lawyers will work to find the best possible solution for you.

 Commonly Asked Property Dispute Questions

  • How do I deal with problematic tenants?
  • What belongs to me and what belongs to them?
  • Is there a way to stop my neighbours blocking access rights?
  • How to challenge landlord disputes?
  • Are they allowed to do that ?

 If any of the questions above apply to you then our property dispute team are on hand to help. Every property dispute is different but we will work out the best possible route to ensure you get the result you are looking for.

Landlord Disputes

If you are a landlord and have a problem tenant then we can help advise you on what to do next. Under Scottish Housing Law, landlords and tenants have a range of rights and obligations. If you would like to evict your tenant then from 1 December 2018, the law changed relating to private sector landlords and tenants under the Private Housing (Tenancies) (Scotland) Act 2016. Under the Act any new tenancy started after the 1st December 2017 will be a ‘private residential tenancy’ This can only be ended if the landlord can rely on one of the 18 grounds for eviction. These include:

  • Breach of tenancy agreement
  • Rent arrears
  • Criminal Behaviour
  • Anti-Social Behaviour
  • Overcrowding

What are my options?

If you are having a dispute with your neighbours over access to your property, overhanging trees, or boundary lines then you have up to five options to resolve the dispute.

These more informal methods are less time consuming and comparatively inexpensive.

  • Mediation- where both sides voluntary use an external third party to reach a fair agreement. The third party is neutral and will help explore the issues at the heart of the dispute. The mediation will take place somewhere neutral to all the parties and if the parties do not want to be in the same room then the parties can be in separate rooms and the mediator will go between to try and reach a compromise
  • Negotiation- where discussions are entered in the hope to reach a solution that appeases both parties. This is the least formal of all the procedure and depending on the level of the dispute might be the easiest and quickest way to resolve the dispute. 
  • Arbitration – an unbiased third part arbitrator evaluates both sides of the argument and makes a final legal binding decision. Depending on the level of the dispute and the parties involved referring the dispute to an independent third party who can come to a neutral decision.
  • Adjudication-an independent adjudicator evaluates both sides of the argument and makes a final legal binding decision. Again depending on what the dispute is over and the level of the dispute if there is any evidence to be considered then an adjudicator would be able to look at it and make a neutral decision.

 There is no doubt these methods are less drawn-out and cost effective. The outcomes are far more flexible because they are informed by the will of the parties involved rather than being dictated to them by the court.  However in certain circumstances settling the dispute in court is the only way to resolve the dispute.

Leading Property Dispute Lawyers

If you and the other parties to the dispute have not found a resolution using any of the methods above litigation is the final remaining option to resolve the dispute. Property litigation can be a complex process which requires an in-depth understanding of property law and legal procedure. The majority of court actions take place in the Sheriff Court. More complicated and higher value cases (over £100,000) are heard at the Court of Session in Edinburgh. The most common remedies in civil cases are a decree for payment or damages or both.

Our team of experienced litigators understand how much our clients value a personal and well communicated service. We always aim to keep our clients fully informed and make sure everything is clearly explained in laymen terms.

Although based in Glasgow we provide property dispute services across Scotland and we are committed to delivering exceptional legal services to every corner of the country.

Contact Our Property Solictors Today  

If you are interested in any of our property dispute services then call us today on 0141 375 1222 or fill out our online form. Our property team are always on hand and we offer a free no obligation call to help explain the best options

Take the First Step Now: Get Legal Advice

Invalid Input
Invalid Input
Invalid Input
Where did you hear about us?
Invalid Input

Invalid Input

Invalid Input

Invalid Input