Why early Legal Advice is Key in TOLATA Claims
Property disputes can be challenging, especially when there is no clear agreement between co-owners. If you're involved in a disagreement over property ownership under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), seeking legal advice early on is crucial.
These cases often carry significant financial and emotional stakes. Without proper guidance from the outset, disputes can quickly become complicated and expensive.
What Is a TOLATA Claim?
TOLATA allows the court to decide what share each person owns in a property when it's jointly owned or when someone claims an interest in a property legally owned by someone else.
These types of claims often arise when unmarried couples separate and cannot agree on who owns what portion of the property or how the proceeds from a sale should be divided.
Even where a declaration of trust exists, a dispute may still arise. One party might argue that their interest in the property has changed since that declaration, often by relying on the concept of a common intention constructive trust, which can be based on a later agreement or on the parties' conduct (such as sharing costs or carrying out improvements).
The Risk of Informal Agreements
Disputes based on verbal promises or informal arrangements, like contributing to mortgage payments or renovations, can be difficult to prove. These cases often depend heavily on evidence such as:
- Witness statements
- Bank statements
- Text messages or emails
Without strong supporting evidence, it may be difficult to persuade the court to vary the legal ownership. A weak or poorly evidenced claim could also lead to substantial legal costs.
That’s why getting early legal advice is so important. An experienced solicitor can help you understand the strength of your case from the start, either advising against pursuing a weak claim, or helping you build a robust case if your position is strong.
Legal Uncertainty and the Need for Preparation
TOLATA claims sit within a complex and evolving area of law. While courts do accept that informal agreements can affect beneficial ownership, legal interpretation can shift, and outcomes are often unpredictable.
Whether you're making a claim or defending one, being well-prepared, with clear evidence and expert advice, can make all the difference.
How Our Solicitors Can Help
At Brewer Harding & Rowe Solicitors LLP, we understand how stressful and emotionally charged property disputes can be, particularly when they involve former partners or family members.
Our solicitors are experienced in TOLATA claims and will guide you through the legal process with clarity and sensitivity.
We offer:
- A free initial discussion to assess your situation
- Straightforward advice on your legal position and options
- Practical guidance on gathering evidence and preparing your case
- Strategic support through negotiation or court proceedings
Be Prepared - Know Where You Stand
Whether you’re thinking of bringing a TOLATA claim or need to respond to one, early legal advice is key. The sooner you understand your position, the better your chances of achieving a fair and cost-effective outcome.
Contact us today on 01271 340668 to speak to a member of our team and take the first step towards resolving your property dispute with confidence.