Our specialised team at Hay & Kilner has handled numerous rural litigation disputes helping the parties resolve their issues to enable the orderly division of partnership assets.
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
Legal 500
Legal 500
Legal 500
Chambers & Partners
Chambers & Partners
“Practice Head Guy Barr brings decades of experience in both commercial and private client disputes. Bethany Herbertson leads on many of the team’s most intricate matters, including those involving agricultural estates and professional negligence elements.
“The team at Hay & Kilner is responsive, approachable and skilled at making intricate legal issues accessible to clients.
“The team provide a legal powerhouse of support for clients in litigation.
“They are quick to grasp difficult strategic issues. The lawyers are commercially savvy and switched-on.
“Hay & Kilner is an excellent firm that gets great results in litigation for its clients.
Meet the team
Tom Whitfield
Tom has over 20 years’ litigation experience and specialises in Professional Negligence claims against all professionals.
Leigh Ferguson
Leigh is a Dispute Resolution Partner with over twenty years experience. She is experienced in resolving a wide range of commercial disputes including claimant and defendant work involving breach of contract claims, negligence, misrepresentation, IP Infringement and brand protection.
Amandeep Dhillon
Amandeep has a wealth of experience dealing with all aspects of property litigation with particular emphasis on landlord and tenant estate management, development projects and assisting lenders in managing their security.
Guy Barr
Guy is a litigation specialist with experience of advising clients in disputes involving a wide range of sectors and disciplines.
Beth Donaldson
Beth undertakes work across a range of general Commercial Litigation relating to all areas of disputes.
Bethany Herbertson
Bethany is an experienced Associate specialising in the resolution of disputes about trusts, estates and professional negligence
Dispute Resolution
With one of the largest teams in the North East and a wealth of experience across a wide range of disputes and sectors, we get involved at the onset to help resolve the matter at an early stage saving you valuable time and money, helping you mitigate risk to reputation and maintaining valuable relationships settled.
Intellectual Property
Our team of experts have the skills and knowledge to support you as you manage your IP, whatever sector you operate in. Taking the time to get to know your business and your goals allows us to advise on the steps you need to take to protect, utilise and license trademarks, patents, designs, copyright and more.
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