Trust of Land Dispute ToLATA

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If the separation has brought up disputes over the legal ownership of a property, our experienced family law and trust law solicitors are here to offer legal advice. 

We have over 50 years of experience in bringing and seeking a resolution and a settlement before Court, or if necessary bringing an action in Court on your behalf, supporting your rights in the Trusts of Land and Appointment of Trustees Act 1996, often also referred to as ToLATA.

What is ToLATA

ToLATA covers disputes between cohabiting couples over land or property and it allows the Court to rule who legally owns the property, to what extent and what rights they have over it. The main things the Court can order under a ToLATA claim include:

• Forcing the sale of land or property
• Determining what share of the property you and your ex-partner own
• Helping you regain access to a property when your former partner refuses to leave 
• Allowing parents, grandparents and other third parties to recover money that they have invested in a property owned by the cohabiting couple 

The provisions of this Act, allow a party to apply for, what is called “declaratory relief” from the Court. In other words, asking the Court for a declaration as to their rights and interest in a property. 

Under the Act the Court has very broad powers and can make a declaration as to each party’s property rights according to established principles of trust law. However, there are some limitations; the Court does not have the power to change the proportions of ownership of co-owned property under ToLATA. 

Where children are involved, an application under the Children Act may also be appropriate to be heard together with the ToLATA application.

How to make a ToLATA application

Property disputes are complex issues and they can be an emotionally draining experience for both parties involved. This is why we always make an effort to try and resolve the conflict amicably where possible through mediation and negotiation. If you and your former partner cannot reach an agreement, our family and trust lawyers will help you draft a pre-action letter to the Court explaining the reasons for the claim.

The pre-action protocol dictates that the opposing party has a minimum of 14 days to acknowledge receipt of the letter. After that, they usually have 30 days to respond to your claim formally by either accepting or disputing it.

You may be required to provide additional documents at this stage upon request.

If an agreement still can not be reached, we will issue a formal ToLATA claim to the Court. The parties are then likely to have to attend a case management conference with their lawyers where the court initially decides on what evidence is required for the case to proceed to a final hearing among other things. Most couples reach a resolution at some point during the proceedings but if you are facing very complex circumstances, we will take your case to a final hearing if needed. All of our solicitors are Solicitor Advocates meaning they have more advocacy experience in Court compared other Solicitors and they can represent you at a final hearing if necessary.

Either party can make a settlement offer at any point before the case is heard at a final hearing, thus avoiding the stress and cost of a trial.