ToLATA Overview
Our highly skilled Real Estate team have specialist knowledge in applications brought under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA), charging orders, and disputes between mortgagees and co-owners. The team advises on both domestic and commercial property. In addition cases are regularly undertaken concerning trust disputes that involve third parties and interveners, and we are experienced in applying trust law in relation to property disputes.
Areas of expertise
- Co-ownership claims between co-habiting partners, including the interpretation of transfers and trust deeds, quantifying the beneficiaries’ interests and orders for sale.
- Co-ownership claims involving third parties (typically parents) who contribute to the property’s acquisition or improvement.
- Third party interventions in divorce proceedings.
- Proprietary estoppel claims to a beneficial interest or other form of equity arising from promises made by owners.
- Claims for an equitable account based on unequal contributions / expenditure following termination of the relationship.
- Applications for charging orders and their enforcement.
- Disputes between mortgagees and co-owners, including undue influence claims.
We work closely with our Family & Divorce team who have a number of experts who can offer advice and representation in all areas of cohabitation disputes including Schedule 1 of the Children Act 1989. This arrangement allows us to offer clients exactly the right experience, particularly in relation to applications brought under ToLATA and the Inheritance (Provision for Family and Dependants) Act 1975.
Mediation
We are committed to alternative dispute resolution, including mediation and arbitration, with a number of our barristers being qualified mediators. Our facilities are specifically designed to meet with clients’ needs for a mediation venue. Read more.
Public Access
Some members of the team are also available to act, where appropriate, for members of the public, as well as commercial and non-commercial organisations, under the Public Access scheme. Read more.
Training
The team delivers workshops and seminars in Chambers and regional centres. We also provide training on behalf of local Law Societies and in conjunction with solicitors’ firms. In addition we can give tailored in-house training for particular firms. If you would like any further information please contact Paul Nuttall on 0117 923 4742 or email: paul.nuttall@stjohnschambers.co.uk
View our Real Estate digital book here for further details about how we can help you.
Contact A Clerk
Rob Bocock
Practice Director
EMAIL ME >>0117 923 4714
Paul Bennett
Practice Team Leader
EMAIL ME >>0117 923 4793
Paul Nuttall
Practice Team Leader – Real Estate and Public & Administration
EMAIL ME >>0117 923 4742
OUR ToLATA TEAM
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