Rural Disputes Solicitors

Boundary disputes are particularly common in rural areas, often arising from historic arrangements, unclear title plans or long-standing informal use. 

We advise on: 

• Boundary disputes involving farmland and rural land  
• Encroachment and adverse possession claims  
• Ownership of hedges, fences, ditches and walls  
• Interpretation of title deeds and historical records  

We work closely with surveyors and land experts to resolve rural land disputes efficiently and protect your property rights, including in cases involving unregistered land.

Access disputes can significantly impact farming operations, development potential and land value. 

Our solicitors advise on: 

• Public and private rights of way  
• Easements affecting rural and agricultural land  
• Footpaths, bridleways and byways  
• Obstruction or interference with access  

We focus on achieving practical, commercially sensible solutions while minimising disruption to your land or business.

Restrictive covenants can affect how rural land is used, developed or transferred, and are often found in historic title documents.

Disputes may arise where there is uncertainty over the scope, enforceability or breach of a covenant. 

We advise on: 

• Interpretation and enforceability of restrictive covenants  
• Alleged breaches of land use restrictions  
• Applications to modify or discharge covenants  
• Disputes affecting the development or sale of rural land  

We provide clear, practical advice to help you understand your position and resolve disputes efficiently while protecting the value and use of your land. 

Restrictive covenants can affect how rural land is used, developed or transferred, and are often found in historic title documents.

Disputes may arise where there is uncertainty over the scope, enforceability or breach of a covenant. 

We advise on: 

• Interpretation and enforceability of restrictive covenants  
• Alleged breaches of land use restrictions  
• Applications to modify or discharge covenants  
• Disputes affecting the development or sale of rural land  

We provide clear, practical advice to help you understand your position and resolve disputes efficiently while protecting the value and use of your land. 

Many farming businesses operate through informal partnership arrangements or family partnerships.

When disputes arise, they can have serious financial and personal consequences. 

We advise on: 

• Partnership breakdown and dissolution  
• Disputes over profits and management  
• Ownership of land, machinery and farming assets  
• Retirement or exit from a partnership  

We take a strategic yet sensitive approach, recognising the importance of preserving family relationships wherever possible.  

Disputes over rural land ownership often arise in the context of family farms, informal arrangements and farming business structures. 

We regularly advise on: 

• Beneficial ownership of agricultural land  
• Trusts of Land and Appointment of Trustees Act (TOLATA) claims  
• Ownership disputes involving farming assets and rural property  
• Disputes arising from informal agreements relating to rural land  

These matters are often complex and emotionally sensitive. Our team provides clear, robust advice to protect your position throughout. 

From time to time, negligence can occur by a professional in relation to rural land.

This could be solicitor negligence during the conveyancing process, or surveyor negligence if a latent defect in the property has not been identified during a survey.

It could also involve the negligence of a planner or architect during a development project relating to rural land.  

Our expert litigation solicitors can assist with professional negligence claims involving rural land where the negligence of the professional has caused you to suffer a financial loss. 

It sometimes transpires that a limited company which previously held title to rural land has since been dissolved. 

This means ownership of the land then passes “bona vacantia” to the Crown or Duchy, depending on its location. 

We can assist with the restoration of the company via a court application, if necessary, as long as that application is made within 6 years from the date of dissolution. 

If the 6 year deadline has passed, restoration will not be possible.

In some instances, it may be possible to seek a vesting order which vests title to the land in the name of another party, such as a former shareholder of the company. We have expertise in these complex claims, which are often fact-specific. 

Sadly, farming inheritance disputes can arise following death, particularly where there are concerns about the fairness, validity or interpretation of a Will or the administration of a trust.

Our specialist solicitors advise on a wide range of post-death claims, including: 

• Claims under the Inheritance (Provision for Family and Dependants) Act 1975  
• Proprietary estoppel claims involving promises of inherited farmland or rural property  
• Succession and inheritance disputes involving farms, estates and agricultural assets  
• Challenges to the validity of a Will on grounds such as lack of capacity, undue influence or lack of proper execution  
• Disputes involving the interpretation of the terms of a Will  
• Disputes involving trusts and the conduct of trustees 

Post-death matters are often complex and understandably sensitive. Our specialists place a strong emphasis on resolving disputes through negotiation, mediation and other forms of alternative dispute resolution wherever possible, particularly where this can help preserve family relationships and ensure the continuity of any business operating on the rural land. 

Our Trust Corporation, Myerson Trust Corporation Limited, is frequently appointed as an independent Personal Representative where the Executors can’t work together or need to be replaced for some other reason.  We have experience of administering estates where there’re have been disputes in relation to both large and modest sized farms and farming partnerships, as well as estates containing rural land held as an investment.  Being independent allows us to take a pragmatic approach to disputes and achieve the best possible outcome for the beneficiaries of the estate.

Disagreements in rural settings often begin informally, whether over boundaries, access or farming arrangements.

However, when an issue starts to affect the use of land, business operations or relationships, and cannot be resolved between the parties, it is advisable to seek early advice from a specialist to help you understand your legal rights and to seek to avoid matters from escalating. 

Boundary issues are common in rural areas, particularly where historic use and informal arrangements are involved. It is important to establish the legal boundary by reviewing title documents and, where appropriate, obtaining expert input from a surveyor.

Early legal advice can often lead to a quicker and more cost-effective resolution.

Access disputes frequently arise where routes have been used informally over time. The key is to establish whether a legal right of way or easement exists before taking action. Many disputes can be resolved through negotiation or mediation, with the aim of finding a practical solution that avoids ongoing conflict. 

Farming partnerships can be complex and sensitive, particularly where arrangements are informal or involve family members.

When disputes arise, it is important to understand the legal position regarding ownership, assets, and decision-making. 

Obtaining legal advice at an early stage of the dispute can help prevent matters from escalating.

It will enable you to understand your rights and options, allowing you to make strategic decisions about next steps. This could involve restructuring the business or bringing the partnership to an end. 

In some cases, individuals rely on assurances about inheritance or land ownership and act to their detriment as a result. Where this happens, there may be grounds for a legal claim.

These matters are often sensitive and fact-specific, so it is important to obtain specialist advice at an early stage.

Court proceedings are not always necessary and should be a last resort.

Many rural disputes can be resolved through alternative methods such as negotiation or mediation. 

The focus is usually on achieving a practical and cost-effective outcome while minimising disruption. 

The earlier advice is sought, the better. Addressing issues at an early stage can help preserve relationships, protect your position and increase the likelihood of resolving the dispute efficiently and at cost effectively. 

Client Intro
Our client is the widow of a deceased farmer, involved in a complex dispute concerning the ownership and succession of long-established family farming assets.

Case Overview
We acted for the defendant in a high-value proprietary estoppel claim arising from the succession of a multi-generational farming business comprising distinct parcels of agricultural land.

During his lifetime, the deceased had transferred a substantial farming unit, including the principal farmhouse, to one child. Under his Will, separate land was left to our client. The claim was brought on the basis of alleged assurances that the entirety of the farming business would ultimately pass to the claimant.

Our client’s position was that any such assurances related to the principal farm only and had already been fulfilled through the lifetime transfer. We advanced detailed arguments that the remaining land formed a separate and independently viable holding, both legally and operationally, and was never intended to form part of any wider promise.

The matter required careful analysis of historic ownership structures, the evolution of the farming arrangements, and how different parcels of land were treated and understood within the family. We also addressed issues of alleged detriment, including the extent to which the claimant’s contribution to the farming business had already been recognised and compensated.

We defended the claim to protect our client’s interest in the remaining landholding and to uphold the distinction between assets transferred during lifetime and those passing under the estate.

“In farming disputes, the detail of how land is owned, used and understood over time is critical. We focused on demonstrating that the arrangements in place already reflected what had been promised.” – Clare Wainwright, Senior Associate

Client Intro
Our client is an independent professional administrator appointed by the court to manage a deceased’s estate following a dispute between the originally appointed executors.

Case Overview
We act for the administrator in a contentious estate involving a long-standing farming partnership between the deceased and a surviving family member. The dispute centres on the ownership and entitlement to partnership assets and co-owned agricultural land following the death of one of the partners.

In the absence of a written partnership agreement, complex legal issues arise regarding the dissolution of the partnership, the distribution of partnership assets, and the treatment of jointly owned property. The estate includes agricultural land and residential property, and the matter has required extensive disclosure and detailed analysis of historic financial and operational arrangements.

With uncertainty around post-dissolution profits and asset ownership, the claim has been valued in excess of £1.5 million, requiring careful legal and strategic management to clarify the estate’s entitlement.

“This case highlights the risks of informal farming arrangements. Our role is to establish clarity over ownership and ensure the estate’s position is properly protected.” – Adam Maher, Partner

Client Intro
Our client is an individual who worked for many years on a family farm and brought a claim in relation to their expected inheritance and financial provision.

Case Overview
We act for a claimant in a dispute concerning a substantial family farm forming part of a wider estate. Our client worked on the farm for several decades from a young age, receiving significantly below-market remuneration and playing an active role in its day-to-day operation and long-term management.

Our client’s case is based on longstanding assurances that they would inherit a meaningful interest in the farm. However, later testamentary arrangements significantly reduced their expected entitlement, ultimately leaving them with minimal provision.

We advised on a combination of claims, including proprietary estoppel and a claim under the Inheritance (Provision for Family and Dependants) Act 1975, reflecting the common overlap of legal issues in agricultural estate disputes. The matter required careful consideration of historic family arrangements, financial contributions, and reliance on assurances over an extended period.

“These cases often turn on decades of informal family arrangements. Our role is to translate those expectations into a clear legal framework and secure a fair outcome for our client.”
– Eleanor Clarke, Partner