Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)

When disputes arise regarding the ownership and management of properties, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) serves as a vital legal framework. Common disputes include disagreements over the sale or transfer of a property, disputes between cohabiting couples or family members and conflicts concerning the financial contributions and interests of joint owners.

TOLATA claims can be made by individuals who have a beneficial interest in a property but are not registered as legal owners. TOLATA recognises the concept of beneficial interests, which refers to a person’s share or interest in a property, regardless of legal ownership. It ensures that individuals who contribute financially or otherwise to a property are recognised and protected. TOLATA aims to achieve a fair and equitable distribution of property rights and responsibilities. The court considers various factors, such as financial contributions, intentions and the welfare of any relevant dependents (including children). The court has wide-ranging powers to make orders concerning the sale, transfer, or management of the property.

If you find yourself in a property ownership dispute, understanding your rights and seeking professional legal assistance can help you navigate the TOLATA claims process and work towards a fair resolution. Given the complexities of property disputes and TOLATA claims, seeking legal advice from experienced dispute resolution specialist is highly recommended.

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