Few aspects of life can cause such concern as a neighbour asserting rights over your land or preventing you from doing something on their land that you thought you had a right to do.
Such disputes can take many forms including arguments over boundary lines, servitude rights for access and services like water, and buildings or walls which have encroached upon your land. Such matters are often unique, complex and emotive.
We give knowledgeable and careful consideration of the circumstances and provide advice on what can be achieved by way of negotiation, interdict or declarator of rights. If litigation is required by you or raised by the other party, we provide representation and guidance from start to finish in both the Sheriff Court and Court of Session to advance and protect your position.
Please note that we do not offer any Civil Legal Aid service. So, if you are eligible for Civil Legal Aid, we cannot represent you.
If you are having problems with a Property & Boundary Dispute
Please contact Philip Lawson by email at:
to arrange a meeting or call to discuss your case.
Ian Woodward-Nutt, Principal of Woodward Lawson Solicitors has been elected as the President of Aberdeen Bar Association. The organisation represents the interests of Civil and Criminal Court lawyers in Aberdeen and the surrounding area and his period of office started on 10th September. Ian stated “It is a great honour to be elected as President...READ MORE
If you and your heritable predecessors have continually used a water source and pipe and storage system situated on your neighbours land for decades and it is the only active water supply to your property, you might consider that you have a servitude or legal right in that supply. But, not necessarily so. In a...READ MORE
After 18 months where the world has changed in many remarkable ways and for once, we have had time to think about it, Rutger Bregman’s book provides a thoroughly positive outlook on humanity. Well researched and extremely readable, its theme that humans are basically good and wish to co-operate may seem naive in parts but,...READ MORE
As will have been seen from the first and second of this series of articles, the present law appears to be of limited use to cohabitees. Of course, there are arguments to the effect that (i) if people wish to have more extensive and clear rights, they should get married or enter a civil partnership...READ MORE
Assuming that there might be sufficient net intestate estate to make an action in terms of the Family Law (Scotland) Act, 2006, the surviving cohabitee does encounter further difficulties. The fact that they are a proven cohabitee does not automatically entitle them to any award by the Court even if there is available net intestate...READ MORE
The present law in the area of cohabitation is governed by the Succession (Scotland) Act, 1964 in conjunction with section 29 of the relatively recent Family Law (Scotland) Act 2006. As we turn into 2016, this would appear to be a good point to review a law which has been with us for a decade....READ MORE
Wills come in many shapes and forms. It is quite possible that quite informal writings can attain an importance which the person writing them may not have meant. 25 years after the commencement of The Requirements of Writing (Scotland) Act, 1995, the common law still comes in handy. Section 7 (2) (c) of the Act...READ MORE
When it comes to commercial life, we are all familiar with logos and designs as trade marks. However, it is possible to register 3D shapes as trademarks as well although it might be more difficult to envisage what shapes might be successfully trade-marked. It does not stop some companies trying. Take a recent case between...READ MORE
In this ever more connected world, it is easy to convey images and information instantly at the click of a button all around the world. That is no bad thing, and citizen journalism often provides a viewpoint that gives another insight into what has actually happened. At the same time, there is a legal difference...READ MORE
Imagine the situation. You have a fire at your premises. The Fire Brigade come out quickly and put it out. They do a visual inspection to satisfy themselves that it is extinguished. They go away. The fire re-ignites. Further fire damage is caused before the Fire Brigade can put it out for the second time....READ MORE
A TV licence is only required to watch programmes live or recorded as live. You do not require a TV licence if you are only using “catch up” services. You do not require a TV licence for live radio broadcasts. If you are watching live TV or recording live programmes, you will require a licence....READ MORE
Under sections 1 and 5 of the Employer’s Liability (Compulsory Insurance) Act, 1969, a director of a limited company should ensure that there is insurance in place should one of the company’s employees be injured. In the case of Campbell v Peter Gordon Joiners Limited and Peter Gordon (2015), the sole director of the building...READ MORE
There are laws and regulations out there that we, as lawyers, become aware of which appear to be plain daft. The present EU regulations on promotion and marketing of spirits prohibit a Scotch whisky blender from disclosing the composition of their blends. In other words, they are unable to tell you, as the consumer, the...READ MORE
In a stark reminder that at least two different sets of laws and legal systems exist in the UK, in the recent tax case of Taylor Clark Leisure plc v HMRC, the Inner House of the Court of Session in Edinburgh decided that a QC from the English Bar did not have rights of audience...READ MORE
Dog attacks are always of great concern, and none more so when they involve children. Scottish Borders Council sought an order under section 9(2) of the Control of Dogs (Scotland) Act, 2010 for the delivery and destruction of a dog which had jumped up on a little girl and bitten her on the cheek. The...READ MORE
As a landlord, you may consider that the circumstances of some cases against miscreant tenants are cut and dried when you seek to obtain recovery of possession. Take the recent case of Glasgow Housing Association v Stewart. In this case, the tenant had breached the tenancy agreement by producing a controlled drug (cannabis plants) in...READ MORE
Although many landlords use professional factors to manage their properties, many others lease and factor residential properties themselves in order to save some outlays. The law in relation to the Tenancy Deposit Schemes (Scotland) Regulations 2011 continues to develop, and shows the dangers of departures from the statutory framework even if unintentional. It should now...READ MORE
It is not unusual for councils to enter into arrangements with businesses. In a recent decision under s75(2) of the Local Government (Scotland) Act, 1973, Aberdeenshire Council raised an application at Court seeking authority to sell ground in Banff forming part of the common good which had been used as a car park adjacent to...READ MORE
It has been a mild winter this year and that has meant that all us budding athletes (perhaps, overripe is a better description these days) have had no excuses for interrupting our running training. But, just when it seemed safe to go out, a case gives a reminder of the obligations on those brave souls...READ MORE
Ian Woodward-Nutt, founder and principal of court solicitors Woodward Lawson has been admitted as a Solicitor Advocate with extended rights of audience before the High Court of Justiciary. As a Solicitor Advocate Ian is now qualified to represent clients in the highest courts in Scotland and the UK. A solicitor advocate is a solicitor who...READ MORE