How can I make a claim under TLATA 1996?

The Trusts of Land and Appointment of Trustees Act (TLATA) 1996 is a crucial piece of legislation for resolving disputes over land and property. Whether you’re dealing with joint ownership issues, property sale disagreements, or determining beneficial interests, TLATA provides a legal framework to address these conflicts.

Understanding

TLATA governs situations where multiple parties have interests in a property. It allows the Court to make decisions regarding the management, use, and sale of the property to resolve disputes and clarify ownership rights.

A couple of examples as to when TLATA can be used:

1. Determining Beneficial Interests

If there is a disagreement over the shares each party owns in a property, a TLATA claim can help establish each party’s beneficial interest. This more often than not arises when a relationship breaks down and two parties dispute how a jointly owned house is owned.

2. Order for Sale

If one party wants to sell the property but others do not, TLATA allows you to apply to the court for an order to sell. Whilst this can often occur following a relationship breakdown, this may also apply when, for example, siblings have inherited a property and one party may wish to reside in it, leaving the other siblings without their due inheritance.

Steps

1. Seek Legal Advice

The first step is to consult with a Solicitor who can evaluate your case, advise on the best course of action, and help you understand the potential outcomes.

2. Pre-Action Protocol

Before initiating Court proceedings, it’s advisable to follow the pre-action protocol. This involves sending a formal Letter Before Action to the other parties involved, outlining your claim and attempting to resolve the matter without Court intervention.

3. Mediation

Mediation can be a valuable step in resolving disputes amicably and cost-effectively. A neutral mediator can help facilitate discussions between the parties to reach a mutually acceptable agreement.

4. Court Proceedings

If mediation or negotiations fail, you can issue a claim to Court. The judge will then make a decision, which could include an declarations as to the parties’ beneficial interest and perhaps an Order that the property be sold and the proceeds divided in a certain way. The court may also order that a party has a right to live in the property for a certain period of time before a sale should occur, particularly in cases where there are minor or disabled occupants where rehoming may be particularly traumatic or difficult. Again, one of our experts can assist in advising you of the options in your specific circumstances.

If you are involved in a property dispute, it is essential to act promptly and seek professional legal advice to protect your interests and achieve a fair resolution. If you require expert guidance in making a claim under TLATA, arrange a consultation with one of our litigation specialists on 01625 380061.