The Trusts Of Land and Appointment of Trustees Act 1996 [TOLATA] gives Courts certain powers to resolve disputes about the ownership of property (or land).
A claim under TOLATA can be issued:
A breakdown in any relationship can be hard and things could become more complicated when you own a property together. Reading through current legislation can be confusing especially with complex areas of law such as the Trusts of Land and Appointment of Trustees Act 1996 [TOLATA]. If you want to know your rights, we are here to help!
Before making an application for a Court to decide who are the legal and beneficial owners of your property or what your respective interest is in the property, it may be in your best interest to proceed with mediation and try to negotiate to reduce time and save costs, especially if there are children involved.
Our specialist solicitors within our Family Law team can help you resolve this dispute. Contact Us.
What are three types of TOLATA claims?
Rights of the Owner vs Rights of the Occupier
There are three main types of applications that can be made under TOLATA to resolve disputes about land. These are:
1. To order a sale of the property, enabling an owner(s) to realise their financial interest
2. To decide who is entitled to occupy the property, and
3. To decide the extent of the ownership and nature of that ownership.
These applications permit a court to decide who are the legal and beneficial owners of a property, and in what proportions.
A property can currently be owned as follows:
| Joint Tenants | Each individual owns the whole of the Property e.g. each own 100% of it |
| Tenants in Common | Each individual owns a separate share of the Property e.g. one could own 75%, whereas the other 25%. |
The typical joint ownership used by cohabiting couples, friends or relatives who are buying together is Tenancy in Common.
There are powers in TOLATA that can allow a court to direct the owner of land to behave in a certain way. In relationship disputes about co-ownership, these powers are used most frequently to require a co-owned property to be sold so that the proceeds can be divided. This however, need not be the only resolution and your personal circumstances may allow you to request the Court to order the occupying party to pay you occupational rent.
Should you have any queries regarding any of the TOLATA information mentioned, please do not hesitate to contact the Family Law team at Lawson West Solicitors.
Meet with a qualified member of our Family Law team for a no-obligation initial discussion about your TOLATA needs. We look forward to helping you. Contact Us.
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