Part 8 TOLATA Proceedings – Trusts of Land and Appointment of Trustees Act 1996
If you are a joint owner of your property and are experiencing difficulties relating to a property you co-own with another party regarding, the sale of the property, the division of equity, disagreements over each party’s respective shares, access rights, or one party being excluded from the property, you may be facing issues that could give rise to TOLATA proceedings.
TOLATA is an area of law that is designed to clarify the rights and responsibilities of co-owners of property and provides a mechanism for resolving disputes as to ownership and management of jointly owned land, whether on an equitable legal basis. Common scenarios of TOLATA disputes can include situations where one joint owner wishes to sell the property to move on, while the other wants to retain it for rental income, or where contributions made towards the property are disputed.
There are two types of claims that may be pursued under TOLATA: Part 7 claims and Part 8 claims. When instructed we will endeavour to assist you by assessing the facts of your matter and legal issues involved with a view to establishing which claim is most appropriate for your situation. Part 7 claims are generally suitable for cases involving factual dispute such as a dispute between two joint owners over their respective shares of the property, whereas Part 8 claims are used when the facts are generally agreed upon, but legal clarification is required, such as joint owners who agree on their respective shares but disagree on whether the property should be sold. We are regularly instructed to assist clients with their Part 8 claim when joint owners are unable to reach an agreement on the sale of their property.
The Legal Process of a Part 8 Claim
The process begins with filing a Part 8 claim form outlining the specific legal issue with the Court, this will generally include a statement setting out your position and whether any proposals have been made prior to commencing court proceedings.
Once this has been filed with the Court, the other side will receive notification of the claim allowing them an opportunity to respond with their own written submission. Following this exchange of information, the court may provide directions for the case which can include deadlines for further evidence or the scheduling of the final hearing where both parties can present their legal arguments.
Upon the final hearing the Court will issue a judgment and make any necessary orders such as a declaration of the parties’ respective beneficial interest in the property, an order for sale, the appointment or removal of trustees or a costs order that will determine which party should pay for the legal costs based on the conduct of the parties and outcome of the case.
Navigating TOLATA proceedings can be complex. Should you require professional legal assistance, contact us today on 01702352511 to request an initial consultation.
