If you’re involved in a dispute about property ownership or how land is managed, you may have come across the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA”). While it might sound complicated, this important piece of legislation helps resolve disputes between individuals with interests in property.

So, what does TOLATA cover?

TOLATA applies in a variety of situations where property is held on trust. This includes:

  • Disputes Between Co-Owners: For example, if you bought a property with someone and now disagree about whether it should be sold or how proceeds should be divided.
  • Family Disputes: Perhaps you’ve contributed to the purchase or upkeep of a property, but your name isn’t on the title deeds.
  • Claims by Creditors: Creditors may rely on TOLATA to recover debts by enforcing their interest in property.

TOLATA gives courts the power to make decisions about how properties are handled, ensuring fairness for all parties involved.

Can you make an application under TOLATA?

You can make an application to the court for a dispute under TOLATA if you are:

  • An individual with a legal or beneficial interest in the property;
  • A trustee managing the property on behalf of beneficiaries; or
  • A creditor seeking to enforce a charge or interest over the property.

Key Claims Under TOLATA

When bringing a claim under TOLATA, there are typically two main issues:

  1. Ownership Disputes: You may need to establish whether you have a beneficial interest in a property (even if it’s not in your name) and, if so, what share of the property you own.
  2. Applications for Sale or Management: If co-owners cannot agree on what to do with a property—sell it, rent it out, or something else—TOLATA allows you to ask the court to decide.

What will the court consider?

When deciding a TOLATA application, the court will take into account various factors, including:

  • The intentions of the parties when the property was purchased and when the trust was created.
  • Any agreements (formal or informal) made about the property.
  • Financial contributions by the parties towards the purchase, maintenance, or improvement of the property.
  • The needs and circumstances of those involved, such as family members residing in the property.

How We Can Help With TOLATA Claims

At BHW, we know how overwhelming property disputes can feel. Our experienced dispute resolution team will guide you through every step of the process, from assessing your position and attempting to resolve disputes amicably to representing you in court if necessary.

If you’re facing a property dispute and would like further advice, please get in touch with our Dispute Resolution team at info@bhwsolicitors.com or alternatively call 0116 289 7000 so that we can help you protect your interests and achieve the best possible outcome.


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