Disputes over ownership of property can arise in a variety of circumstances including where property may be left to children after a parent passes away or when relationships between cohabiting couples break down. In these cases, parties often find themselves in dispute with each other over the proportion of the shares they own in the property or how they are to realise their interest.
If you find yourself ‘out of your depth’ in such a dispute, Poole Alcock’s expert solicitors are here to help. They will guide you through the complex legislation and steer you in the right direction to help bring your matter to a satisfactory resolution.
These types of disputes are mainly governed by the Trusts of Land and Appointment of Trustees Act 1996 (‘TOLATA’). This is a technical and complicated piece of legislation that can be intimidating and difficult to navigate alone.
To settle the dispute, it must first be established that both parties have an interest in the disputed property. Once this is established the extent of each parties’ interest in the property must be ascertained. To evaluate this the courts will consider various factors some of which include whether there were any express declarations relating to the interest in the property and the intention of the parties.
Once the extent of the interest has been established the court will aim to resolve how this interest will be dealt with. Often cases of this nature will have already involved one of the cohabitees remaining in the property whilst the other moves out. This often leads to one party wanting the property to be sold so that they can receive their interest from the proceeds of sale.
There are various paths a TOLATA dispute can take, with Poole Alcock you can be sure that no matter which way your case progresses our solicitors will take it all in their stride.
You can call us on 01270 625478 or complete our contact form below and a member of the team will call you back.
Our solicitors understand that disputes over property can be emotionally draining and stressful. We will aim to alleviate some of this turmoil by providing diligent and professional advice in a warm, friendly and understanding manner. If you find yourself in need of our services, please do not hesitate to contact us.Contact Us Today
I am honoured to recommend Sarah-Jane who was representing one of the parties in a mediation in which I was the mediator. She is an excellent litigator who pays attention to detail. Aside from her professionalism which I think is superb, I am particularly impressed by her ability to efficiently prepare all the necessary paperwork in litigation from bundles and correspondence through to briefs.
Sarah-Jane is a force to be reckoned with and I would far rather have her representing me than an opponent. She has a wonderful personable style in her dealings with her clients and I have observed her give clear, reasoned advice. Sarah-Jane does this calmly and efficiently. She does not waste time or the Client’s money and those are attributes that I admire. I recommend this lady to anyone contemplating litigation. If a litigant has a case worth fighting, Sarah-Jane will do a superb job.
On behalf of myself and family, we would like to thank you, and everyone concerned, for the successful conclusion of our claim. It was a long road that seemed to have no end, but you never gave up, so to you Andrew and everyone at Poole Alcock LLP, we wish you all the best in the future and may the company prosper in the coming years as it surely deserves to for your dedication to your client.
I would just like to say thank you for the support that you have provided during the difficult process that [we’ve] been through. You have provided excellent support and your professional advice has been exemplary and always timely.
A fantastic company, extremely knowledgeable regarding the Law, do a brilliant job and Dan Brooks is a first class plus Lawyer and his assistant Haseena is a wonderful asset to the company very helpful and friendly but has a good grasp of the subject matter passing on progress made and the next steps for the case in hand.
A huge thank you for the manner and professionalism as the case was brought to a close. Very easy to deal with and nothing was too much to ask for in guiding us through to an outcome we were happy with. Both Sarah-Jane and Holly kept us up to speed throughout.
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