Real Estate Litigation

Our property litigation solicitors have extensive experience of commercial landlord and tenant disputes, telecommunications, trespassers, rights to light, party wall matters, interferences with and disputes about land, tenant insolvency, non-domestic rates and land and rural business claims.

Owning and operating property and land brings with it the risk of disputes. The moment you become involved in a dispute, you need to start mapping out your way to a conclusion. The route you should take will depend on the costs, risks and potential outcomes.

Our team of commercially astute and technically excellent property dispute lawyers can guide you through that process.

Expert real estate litigation lawyers

Our real estate litigation practice is the largest in Scotland, with specialist litigators acting for a range of clients working in various sectors across the UK. We are band 1 ranked in Legal 500 and Chambers, with three of our partners also ranked number 1. We have a dedicated real estate litigation solicitor advocate, a specialist team of real estate litigation lawyers qualified in England and Wales, and a team of dedicated real estate litigation paralegals. It is that strength and depth that makes us stand out in the market.

Recognised for our commercial focus and expertise, we are regularly instructed on high value and complex disputes, litigating in the Court of Session, sheriff courts, Lands Tribunal and the Scottish Land Court, as well as the higher courts and tribunals in England. We also have a significant practice in arbitration.

Our experience of the largest and most complicated real estate disputes in court, means we know what needs to be done to resolve a dispute and the best way to do it.

Sectors we work in

Institutional investors and lenders

We are involved in large asset management for various asset types as well as significant and complex contractual disputes including lease renewal, lease termination, dilapidations and performance.
Retail, leisure and hospitality

We act for occupiers and owners of retail, leisure and hospitality including large shopping centre owners and overseas investors. This includes contractual disputes that arise under commercial leases and also agreements specific to this sector, such as hotel management management agreements and related finance agreements.
Housebuilders

We act for a significant number of housebuilders, both large and small, in disputes that can arise during the lifecycle of a new development. This includes disputes arising out of option agreements, promotion agreements, conditional contracts and all matters relating to the building fire safety - as well as disputes in relation to access and rights over land, title conditions, and issues that can arise with individual plot purchasers or customers.
Telecommunications

Our telecoms lawyers work alongside fibre and wireless operators, occupiers and site providers throughout the lifecycle of a project, advising in relation to their UK infrastructure objectives, Electronic Communications Code compliance, OFCOM and other regulatory compliance. Our expertise covers wayleaves for fibre optic cables and associated compensation claims, enforcement action, renewals and terminations (including lease renewals under the Landlord and Tenant Act 1954), acquiring new Code rights, assigning and sharing Code rights, tribunal actions and judicial reviews.
Commercial developers

We are regularly instructed in high profile, large-scale commercial real estate developments. Often, our role is to enable a development to progress, which includes removing obstacles such as title conditions, party wall matters, and dealing with rights to light claims, as well as providing advice on development contracts, their performance, and the right to terminate. Further along the lifecycle of development, we are also instructed on disputes over lease agreements.
Rural estates

We provide a specialist dispute resolution service for rural businesses throughout Scotland. We handle disputes arising from the ownership and use of rural property in the estates, agricultural, forestry, renewables and telecoms sectors. We have the range of expertise and specialist contacts to provide a tailored solution for each client.
Rail

Our lawyers have significant experience of dealing with property disputes connected to the rail industry. As part of Brodies' market-leading Transport & Rail offering, we are regularly instructed by the owners and operators of railway infrastructure to provide advice and assistance on a range of property matters. We understand the complexities of rail disputes, including the statutory regime that applies to railway land and the contractual relationships between the various stakeholders who operate, use or are affected by railways, including telecoms operators.
Living

We have significant expertise in acting for landlords who deal with residential tenancies. Many of our clients have large residential portfolios (including social housing, build-to-let, investors, institutions, rural estates, mobile homes and institutions ) and we are regularly asked to provide legal advice on complex and niche residential issues, as well as being able to handle large volume instructions. Additionally, our living team is well equipped to provide strategic advice to landowners and site operators on all legal issues pertaining to rights and interests created by ownership of a home or holiday unit (such as under the Mobile Homes Act 1983), together with proprietary interests in the site itself.

Why choose Brodies for property litigation?

We are a market-leading practice renowned for providing best-in-class advice, earning us instructions in Scotland's most significant cases from high-profile clients.

We are the 'go-to' lawyers for producing strategic solutions to complex and sensitive matters. Our team specialises in alternative dispute resolution, knowing when and how to implement these methods effectively to benefit the client and achieve positive outcomes.

As skilled litigators in the courtroom, we excel in presenting novel arguments, engaging in precedent-setting cases, and succeeding in 'diminution in value' dilapidation cases. Our strength in depth is unmatched in Scotland, with a team of dedicated, Chambers-ranked real estate litigators involved in all main real estate sub-sectors, including investment, industrial/logistics, retail, hotels, alternatives, rural, energy, and rating.

Our specialisms, such as land and rural disputes and a solicitor advocacy service provide added value for our clients.

We are trusted advisers to long-standing clients, who rely on our advice on matters critical to the running of their business.

Brodies offers specialist and proactive advice that helps them stand apart from others in the market.

Legal 500 UK 2026

Brodies are very practical at solving problems and not creating them. They're very good at handling complex instructions. They have a large and strong team and they always respond quickly.

Chambers UK 2026

The litigation team at Brodies are excellent to work with. It does not matter how busy the team are, the service and advice is always exceptional. Their approach is second to none as they understand the objectives from the start.

Legal 500 UK 2026

They do an excellent job in managing expectations and considering the approach to each situation. They have a very strong understanding of case law to support commercial arguments.

Chambers UK 2026

Real Estate Litigation key highlights

Instructed in high value dilapidations cases on the enforcement of payment obligations in Scotland, including Grove Investments Ltd v Cape Building Products Ltd, @SIPP (Pension Trustees) Ltd v Insight Travel Services Ltd, Mapeley Acquisition Co (3) Limited (in Receivership) v City of Edinburgh Council, and Drum Income Plus Ltd v LS Buchanan Ltd.
Expert ratings dispute team with experience in valuation appeals, most notably acting in Covid-19 related rating appeals in Scotland.
Acting for a telecoms operator in a dispute with a site provider in England, seeking to terminate a telecoms agreement, involving complex issues under the Landlord and Tenant Act 1954 and statutory powers under the Telecoms Code.
Acting in a multi-million-pound English dilapidation action on behalf of a local authority client.
Litigating in the High Court in London on behalf of a global client, in a dispute with the landlord of its English headquarters undertaking works to the building. The dispute involved various breaches of lease covenants and building damage.