If you’re involved in a property dispute, you’ll likely have to enter TOLATA proceedings.
TOLATA (the Trusts of Land and Appointment of Trustees Act 1996) is an act of law concerned with ensuring that those with a relevant interest in a property – such as a co-owner who contributed to the purchase but may not be listed on the official papers – are granted some legal rights surrounding it.
Before you enter into TOLATA proceedings, however, it’s very important to understand some key terms, some relevant parts of the process, and which types of disputes TOLATA does and doesn’t cover. That’s why we’ve put together this quick and simple guide to help clarify some of the basics.
1. Legal Trustees
The term legal trustee refers to the person who officially holds the legal title of a property. They’re the person whose name is on the papers and their right to the property is most overt. That said, a legal trustee certainly isn’t the only person with right to decide what happens to a property.
2. Beneficial Interest
In a general sense, people with beneficial interests (beneficiaries) are those who can make some claim of ownership over a property but aren’t legal trustees. If they disagree with a decision being made about the property they can dispute this via TOLATA proceedings.
For example, if the trustee wanted to sell the property but a beneficiary did not, then it might be possible to prevent that sale from taking place.
3. Evidence and Documentation
As with any legal case, a fundamental part of TOLATA proceedings is just gathering clear evidence and documentation to show who did what and when.
If you have any documentation that might demonstrate a legal claim to the property, such as receipts for home improvement projects, be sure to hold onto these documents and consult with a legal professional. It’s hard to predict what might be vital evidence in the event of a dispute.
4. TOLATA Doesn’t Cover Everything
Lastly, we’d like to note that all of the above is just scratching the surface of what goes into a TOLATA dispute and should not be taken as legal advice. Furthermore, while TOLATA covers a broad range of property disputes it’s far from exhaustive when it comes to property law.
Before pursuing any legal dispute, it’s your responsibility to speak directly with legal professionals about your specific circumstances to have a clear and informed perspective.
For more information and to speak with experts, be sure to get in touch by calling 01753 592 000 or emailing info@fitz-legal.com. The sooner we’re on your case, the more we can do to help.