Stephanie Hepburn
Stephanie is a Partner in Shepherd and Wedderburn's litigation team specialising in dispute resolution, primarily in the rural and private client sectors. Her practice has a particular focus on property disputes, including title conditions (servitudes and burdens), public rights of responsible access (the right to roam), boundary disputes and nuisance claims. She is also a specialist in crofting law, supporting clients active in the renewable sector as well as land owners.
Whilst her focus is on helping clients resolve disputes without the need for formal action, she has extensive experience of alternative dispute resolution, including mediation but also manages disputes in the Court of Session, sheriff courts, the Lands Tribunal for Scotland, the Scottish Land Court and the First Tier Tribunal.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2011
Membership
- Law Society of Scotland
Qualifications
- DipLP (2008)
- LLB (with distinction) (2006)
- MA Management with Business Law (first class) (2004)
Education
- University of Edinburgh (2006, 2008)
- Heriot Watt University (2004)
2 Contributions by Stephanie Hepburn
PRACTICE NOTES
Scotland: Lands Tribunal for Scotland applications to vary or discharge title conditions—procedure, forms, jurisdiction, section 100 factors, compensation, appeals and registration
Statutory Powers
To assist in resolving disputes, the LTS exercises a range of powers granted by statute in relation to:
modifying or extinguishing title conditions, see: Powers as respects title conditions: Stair Memorial Encyclopaedia [224]
public sector tenants’ rights to buy their homes, see: House sales to public sector tenants: Stair Memorial Encyclopaedia [226]
challenged compensation for compulsory purchase of land, or diminution in land value arising from public works, see, eg: Compulsory purchase of land: Stair Memorial Encyclopaedia [666]
appeals against specified decisions of the Keeper of the Registers of Scotland, see: Questions relating to the accuracy of the Land Register: Stair Memorial Encyclopaedia [225]
appeals concerning valuation of land for pre-emptive purchase by community bodies, see Practice Notes: Rights to buy affecting land in Scotland—snapshot, Part 2 community right to buy and asset transfer requests in Scotland, Right to buy abandoned etc land (Part 3A) and right to buy land to further sustainable development (Part 5) in Scotland and Right to buy—agricultural tenants—Scotland
review/arbitration functions under the Long Leases (Scotland) Act 2012, see: Long leases: Stair Memorial Encyclopaedia [111]
disputes arising under the electronic communications code contained in the Communications Act 2003, see
...
Property Disputes
PRACTICE NOTES
Scottish Property ADR: Negotiation, Mediation, Expert Determination, Arbitration, Adjudication and ENE; Clause Drafting, Enforceability and Interaction with Court Proceedings
When disagreements arise in property transactions, parties typically have a number of avenues for resolving matters, each bringing its own benefits and drawbacks. This Practice Note explores those routes and provides examples of the types of property dispute that may lend themselves to settlement through alternate dispute resolution (ADR).
ADR in property disputes
It is well recognised that ADR can be an effective method of resolving disputes, especially in property disputes and other commercial transactions. ADR is:
efficient
cost-effective
capable of producing settlements that courts may not be able to replicate
more imaginative than judicial awards
tailored to the commercial needs of the parties
At present, ADR is not compulsory in Scotland, so it is not a necessary pre-requisite to legal proceedings; however, practitioners still have obligations to advise on, and consider, ADR...
Property Disputes
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