What is a TOLATA application?

A TOLATA claim is where two individuals have lived together in a property and dispute an aspect of their cohabitation. It is called a “TOLATA” claim as the Court makes a decision by reference to legislation known as the Trusts of Land and Appointment of Trustees Act 1996 or TOLATA for short.

Where do I issue a Tolata claim?

Claims can be issued in either the Family Division or the Chancery Division (Business and Property Courts, Property Trusts and Probate List (ChD)) and this, again, is both a technical and a tactical decision.

How long is Tolata?

Your co-owner, the person you are taking action against, then has 14 days to acknowledge receipt of the letter. They then have 30 days to fully respond to it, stating whether they accept or dispute your claims.

What is a trust of land?

A trust in land is the relationship between the legal owner(s) and the beneficial interest in the land. They can either hold it on trust for themselves or on trust for a third party. If they hold it on trust for themselves, this means no one else has any beneficial interest in the property.

What is a claim form CPR Part 8?

What is Part 8? Part 8 is an alternative procedure to the usual method of bringing a legal claim (Part 7) and is aimed at disputes where a claimant is seeking the court’s decision on a question which is unlikely to involve a substantial dispute of fact.

What is equitable accounting?

What is equitable accounting? Equitable accounting is a process which allows an account of the sale proceeds of the property to take place before the terms of any express or constructive trust take effect and applies as an alternative/addition to the constructive or express trust.

What is the difference between Part 7 and Part 8 proceedings?

Under Part 7, both the claim and the defence are fully pleaded at the outset. Under Part 8, on the other hand, the claim is not fully pleaded and the claimant’s evidence is served alongside the claim form; the defendant responds in a similar manner, serving their evidence with their acknowledgement of service.

What is Tolota?

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).

What does Tlata stand for?

TLATA

Can I sell my house with a restriction on it?

When there is a restriction on your property it means you cannot sell it without meeting certain obligations.

What is a land trust and how does it work?

Land trusts work like other trusts, allowing the grantor to set unique terms and conditions that fit their needs. Land trusts have three key parts—the grantor, trustee, and beneficiary. Grantors create the trust and transfer the property into it, trustees manage the trust, and the beneficiary benefits from the trust.

When does a Tolata claim need to be issued?

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). When can a ToLATA claim be issued?

What kind of application can I make under Tolata?

There are three main types of application that can be made under ToLATA to resolve disputes about land. These are: to decide the nature and extent of the ownership of a property owned by two or more people.

What can a court do under the Tolata Act?

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 claim can be issued: To force the sale of land or property.

How does Tolata work in the United Kingdom?

TOLATA gives UK courts the ability to resolve certain disputes about the ownership of a property or land. This means that if you and your co-owner or ex-partner disagree on what should happen with your home, the court can decide for you. It allows the court to decide who is entitled to occupy the property and the nature and extent of ownership.