At Banner Jones, our dispute resolution team has extensive experience in both pursuing and defending claims made under the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA”) claims across our Sheffield, Dronfield, Chesterfield and Mansfield offices. Contact our TOLATA solicitors to discuss how we can help you.
Our TOLATA solicitors are here to provide legal support around disputes over ownership of land and property. To help make life a little easier, we offer fixed-fee initial advice packages for dispute resolution advice and TOLATA claims.
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Property ownership disputes can arise in many different circumstances. The most common situations involve unmarried couples who have bought a home together, but disputes over ownership of land can also affect family members, business partners, investors, or people who have inherited property.
When relationships break down or disagreements develop, questions often arise about who can live in the property, who owns what share, and whether the property should be sold. Our experienced TOLATA solicitors will listen carefully to your situation, identify your objectives, and explain the options available to you.
The dispute resolution team at Banner Jones aims to resolve TOLATA disputes through negotiation or mediation wherever possible. If court proceedings become necessary, we have extensive experience in preparing and conducting TOLATA claim litigation and will guide you through every stage of the process.
A TOLATA claim is a way to resolve disputes about property ownership and occupation in England and Wales.
Through TOLATA proceedings, the court can determine:
TOLATA claims are particularly important for unmarried couples because they do not have the same automatic property rights that married couples may have following divorce.
A TOLATA claim may be appropriate if:
Many TOLATA disputes involve properties held in joint names. A declaration of trust will often be decisive if it clearly records the parties’ beneficial shares, but disputes may still occur over its interpretation, validity, or subsequent variation. In the absence of a declaration, the court may need to determine the parties’ intentions and assess whether their conduct, financial contributions, and wider dealings support a different beneficial ownership arrangement.
In some cases, a person who is not named on the title deeds may still be able to establish a beneficial interest in the property. The court will look carefully at the evidence of the parties’ intentions, including financial contributions, discussions between the parties, and the overall circumstances of the relationship, to decide whether there was a common intention that the property would be shared.
The dispute resolution team at Banner Jones have significant experience in both pursuing and defending TOLATA claims, including disputes involving both jointly and solely owned property, and claims for equitable accounting adjustments.
Our TOLATA solicitors focus on your objectives from the beginning of the case and provide clear advice on the strengths of your position, the evidence that may be needed, and the most effective route to resolution.
Many TOLATA disputes can be resolved without a final court hearing. We are experienced in negotiation and mediation and will always explore opportunities to reach a sensible settlement where appropriate.
Property disputes can be stressful and emotionally challenging. Our experienced and friendly TOLATA solicitors will explain TOLATA law in straightforward language and keep you informed at every stage of your case.
Banner Jones is proud to be recognised by The Legal 500 and has offices across Sheffield, Dronfield, Chesterfield and Mansfield, allowing us to support clients throughout South Yorkshire and the East Midlands.
Please call Banner Jones on 0344 230 3984 today or visit our TOLATA solicitors in Sheffield, Dronfield, Chesterfield and Mansfield. We are here to support you every step of the way.
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The cost of a TOLATA claim depends on the complexity of the dispute, the amount of evidence involved, and whether the matter can be resolved through negotiation or requires court proceedings. We offer fixed-fee initial advice packages so you can obtain specialist legal advice and a clearer understanding of likely future costs.
If a claimant succeeds at a final court hearing, the general rule is that the losing party may be ordered to pay some or all of the successful party’s legal costs. The court retains discretion, and the exact order will depend on the circumstances of the case and any offers of settlement that have been made.
Yes. TOLATA empowers the court to order that a property is sold if it considers that to be appropriate. The court can also determine how the sale should be carried out.
The most common TOLATA disputes involve:
The first step is usually to explore whether the dispute can be resolved through negotiation or other forms of Alternative Dispute Resolution such as mediation. If no agreement can be reached, a claim may then be issued in the County Court.
Yes. One of the most common types of TOLATA claim is where a person seeks to establish a beneficial interest in a property that is legally owned by someone else. The court will consider the evidence of the parties’ intentions and any financial or non-financial contributions that were made.
Simple TOLATA claims that settle through negotiation may be resolved within a few months. Cases that proceed through the court process can take considerably longer, depending on the complexity of the dispute and the court’s timetable.
You are not legally required to instruct a solicitor, but TOLATA claims can involve complex issues of property ownership, trusts, equitable accounting principles and evidence. Solicitors experienced in this area of law can help you assess your position, prepare the necessary evidence, negotiate with the other party, and represent you in court if needed.
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