Rural litigation

We have an experienced team dealing with claims against various professionals professionals.

In the rural sphere we have had recent successful claims against:

• Forestry contractors for damage caused to the owner’s property when removing timber.
• Land Agents for failing to make grant claims under CS Agreements
• Feed suppliers for advising and supplying feed that caused damage to livestock

Rural property disputes and risk mitigation
Our specialist property team advises landowners, occupiers, developers and managers on the full range of issues affecting rural property.

We regularly act in matters involving overage provisions, restrictive covenants, nuisance, trespass, boundary disputes and adverse possession. Recently, we successfully secured the release of an overage obligation following a dispute that arose after development proposals were submitted for a site.

We are also acting for a former landowner in relation to damage caused by trespass and the excessive use of an easement for underground utilities. Liability has been admitted and negotiations are ongoing to recover full compensation and costs.

Our expertise extends to disputes concerning farm business tenancies and the occupation of rural property more generally, whether commercial or residential. We frequently advise on tenant rights, the termination of agreements and the recovery of possession following the end of occupational rights.

Inheritance disputes
We are well regarded for handling complex inheritance disputes with particular expertise in those estates which comprise agricultural assets. In particular, we can assist with:

• Claims as to whether land forms part of an Estate, representing partnership assets, or otherwise
• Challenges to the validity of Wills and Trusts
• Applications for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975
• Claims for proprietary estoppel in circumstances of broken promises of inheritance in return for low/nil wages
• Where applicable, professional negligence claims against solicitors for negligent drafting of a Will/ Trust which gives rise to a dispute between beneficiaries
• Negotiating settlement of disputes which protect the farming assets and addressing competing claims and interests