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Commercial Property Disputes In Scotland

By Richard Godden

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Published: 27Feb2012
Word count: 430
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If you are in the midst of a commercial property dispute, we understand you will want the matter resolved as quickly as possible. Otherwise it can easily become a drain on resources, causing great anxiety and expense for those involved. But how, exactly, do you prevent the issue from becoming a bitter wrangle? Is there any action you can take to settle the grievance in the early stages?

Common Types of Commercial Property Dispute.

Commercial property disputes can arise for any number of reasons, some of the most common of which fall into two categories:-

1. Boundary and ownership disputes.

Scotland has moved from the old feudal system to Land Registration. This has proved beneficial for buyers, who are now provided with documents detailing the area of land they have bought. However, the physical boundary does not always correspond with the legal boundary set out in the Certificate. This can often lead to a whole spectrum of problems, including:-

* Disputes with neighbouring property owners regarding land ownership and other title disputes;

* Disputes with neighbouring property owners regarding rights of access;

* Disputes over repair and upkeep of tenement buildings or boundary walls;

* Illegal trespassing over land;

* Disputes over repossession.

2. Commercial lease disputes.

The other common form of commercial property dispute relates specifically to commercial leases. Typical grievances include:-

* The date of expiry for a commercial lease;

* Paying for dilapidations at the end of the lease;

* Terminating a lease, including break options;

* Rights and obligations of tenant and landlord;

* Understanding the terms of the lease;

* Recovering unpaid rent;

* Evicting a tenant.

What Action Should You Take?

No matter what the nature of your commercial property dispute, you must seek expert legal advice from the outset. A solicitor who has a thorough understanding of commercial property will be able to clarify your legal position before suggesting what options are available to you. Remember, commercial property disputes are complex: the legal issues surrounding such disputes can be very complicated, meaning a commercial property lawyer is the best person to suggest what action you should take next. Instructing this sort of legal assistance in the early stages of the dispute could prove invaluable, ultimately saving you both time and money.

Contact A Solicitor Today.

For more information on how a solicitor can maybe help you with your commercial property dispute, contact a commercial property lawyer today.

Need specialist Edinburgh Property Solicitors? McKay Norwell are Edinburgh Solicitors serving individual and business clients across Scotland

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