TOLATA Claim (Trusts of Land and Appointment of Trustees Act)
When relationships begin to breakdown and ownership disputes arise in relation to property or land ownership, our experienced TOLATA claim solicitors will help guide you through this complex area of law to protect your financial/beneficial interests.
Even if you do not own the property, you may still have what is known as a beneficial interest and therefore be entitled to a share of the net sale proceeds should the property be sold.
When might a TOLATA court application be made?
TOLATA court applications are usually made in the following circumstances:
- To determine whether jointly-owned property should be sold.
- To quantify the respective beneficial shares that each co-owner or co-habitee is entitled to.
- To determine whether a party has a beneficial interest in the property, usually where that party's name is not on the legal title and the legal owner is disputing the claim.
TOLATA Claim Solicitors
Whether you are pursuing or defending a TOLATA claim, Pearson Solicitors and Financial Advisers can help.
We understand that when a relationship has broken down and property or assets are involved, it can be a difficult, emotional time. Our dedicated solicitors will evaluate your case and provide you with legal advice regarding and what you can expect to get from making a claim.
Why Pearson Solicitors
At Pearson Solicitors and Financial Advisers Ltd we take pride in being approachable and hardworking, so that we can deliver the best results to our clients. Our solicitors have a proven track record and expertise in resolving TOLATA disputes.
We are recognised as a UK leading law firm by the Legal 500 and rated excellent in client care by The Law Society.
Our expert solicitors will advise on how to obtain the relevant evidence to bring a TOLATA claim or how to proceed with defending a claim.
Frequently Asked Questions
TOLATA is short for Trust of Land and appointment of Trustees Act which governs the law in relation to property ownership disputes in England and Wales.
TOLATA costs can vary between claims and depends on the cooperation between the disputing parties.
At Pearson, our experienced TOLATA claims solicitors will evaluate your claim, guidance will be provided on the strength of your case and whether negotiations through mediation is an option.
Claims that do proceed to court are often more expensive due to court fees and time. At court the general rule to costs in civil matters is that the unsuccessful party pays the bulk of the successful party’s costs. However, the court has full discretion on costs.
TOLATA claims can vary from case to case and the length of time depends on the cooperation between the disputing parties. In some cases mediation or solicitors negotiation can reduce the time a claim can take.
If a resolution can’t be reached and a claim proceeds to court, it can take as long as twelve to eighteen months from the date of issue to the trial. Our solicitors will guide you every step of the way making sure that you are in the strongest position possible for success at court.
How can we help?
For legal advice on property ownership disputes contact our specialist TOLATA claim solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk.
