TOLATA Claims

The Trusts of Land and Appointment of Trustees Act 1996 (known as TOLATA) gives courts certain powers to resolve disputes about the ownership of property (or land). A TOLATA is brought when you and your ex-partner purchased a property together, and one or the other wishes to sell it, usually due to a breakup of the relationship.

This will often result in the parties arguing over who should get what share of the property. This will depend on many factors, such as who has paid the deposit, who has paid the mortgage payments, and who has paid for any improvements in the property.

Usually when the property is first purchased your conveyancing solicitor will advise you on how the property can be held (e.g. joint tenants or tenants in common). The solicitor will also discuss with you whether the share in the property should be on a 50/50% basis, or whether one party should have more than 50%; they will also consider whether an agreement should be set up between the parties buying the property (a declaration of trust). If this did not happen, then there may be a claim against your conveyancer for negligence.

It does not only apply to unmarried couples, but it can also apply to other family members, business owners, anyone who buys a property with another person and now one wishes to sell the property and a dispute arises over the agreed share.