The majority of our work is privately paying and we will typically require a payment on account of our fees before commencing work. We do not do legally aided work.

Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) Claims 

Disagreements over who owns or can live in a property can be complex, especially when they involve former partners, family members or business associates. These disputes often centre on questions of ownership shares, entitlement to occupy or what should happen when one person wants to sell and another does not. Cases of this kind fall under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

JMW advises on all aspects of ownership and occupation disputes. We provide clear, practical guidance on establishing interests, resolving disagreements over occupation and dealing with stalled property decisions. Whether your matter involves disputed ownership shares, a proposed sale or competing rights to remain in a property, our property litigation team can assist. We prioritise efficient resolution through negotiation and structured settlement discussions, and where litigation is required, we act decisively to protect your position.

If you would like to discuss your situation, contact JMW on 0345 872 6666 or complete our online enquiry form for a call back.

How JMW Can Help

At JMW, our expert team of property litigation solicitors is here to provide the legal support you need. We can resolve a wide range of commercial and residential property disputes by offering practical, tailored advice to protect your rights and interests. We are expert problem solvers, with extensive experience in advising clients who are engaged in substantial disputes.

Our TOLATA services include:

• Establishing legal and beneficial ownership: reviewing title documents, financial contributions and evidence of shared intention.
• Orders for sale: advising on applications for sale or defending against them when a co-owner does not agree to sell.
• Buying out a co-owner: assessing valuation issues and structuring arrangements for one party to purchase the other’s interest.
• Recovering contributions: pursuing or defending claims for mortgage payments, renovation expenditure or other financial inputs.
• Occupation rights and occupation rent: advising on entitlement to remain in the property and whether occupation rent should be paid.
• Defending TOLATA claims: reviewing evidence, preparing statements of case and managing proceedings through all stages of litigation.

Our Property Litigation team has a proven track record in resolving property disputes for individual homeowners, and we work closely with clients to find cost-effective solutions, whether through negotiation, mediation or, when necessary, litigation. 

Meet the Team

JMW’s dedicated property team advises on every aspect of property ownership and occupation disputes. We have extensive experience acting for co-owners, former partners and family members in complex cases involving beneficial interests, orders for sale and occupation rights.

What Is an Ownership or Occupational Dispute?

Ownership and/or occupation disputes arise when individuals disagree over their respective rights in relation to a property. These disputes commonly involve questions of who owns the property and in what shares, or who is entitled to occupy the property. They often fall within the scope of TOLATA, which provides a framework for resolving ownership and occupier disputes. Under TOLATA, the court has the power to grant the following remedies:

• A declaration of ownership setting out who owns the property and in what shares. This is beneficial ownership and can differ from the legal title. For example, a person may not be named on the legal title, but obtains a beneficial interest by contributing to the purchase price and/or mortgage payments.
• An order for sale ordering that the property is sold. The court can also give directions as to how the sale is carried out, such as by setting a minimum sale price.
• Right of first refusal for one of the owning parties.
• An occupation order setting out who is entitled to live in the property. The court can set conditions on occupation, such as the occupier paying “occupation rent” to a co-owner.

Resolving the disputes is essential to protect a person’s financial and practical interests in what is often their most valuable asset. Achieving a resolution requires a careful balance of asserting and safeguarding legal rights, reducing conflict where possible and avoiding lengthy litigation. 

Common Issues In TOLATA Claims

TOLATA disputes arise when co-owners cannot agree on how a property is owned, occupied or dealt with. Our property litigation team advises on all issues that fall within the Trusts of Land and Appointment of Trustees Act 1996 and regularly assists clients with matters such as:

• Establishing legal and beneficial ownership: determining who owns the property, whether shares differ from the legal title, and how contributions or agreements affect ownership rights.
• Orders for sale: helping clients apply for, or defend against, an order for sale where one party wishes to release equity but a co-owner or occupier will not cooperate.
• Buying out a co-owner: advising on whether one party can retain the property by purchasing the other person’s share and how that value should be assessed.
• Recovering contributions: negotiating or seeking orders relating to money spent on mortgage payments, renovations or improvements where one party seeks reimbursement.
• Occupation rights and occupation rent: advising on who is entitled to live at the property and whether an occupier should pay occupation rent to a non-resident co-owner.

These issues frequently arise when relationships change, communication breaks down or where the legal title does not reflect the parties’ contributions or intentions. We help clients understand their rights and pursue a fair outcome under the TOLATA framework.

Defending a TOLATA Claim

A person may bring a TOLATA claim asserting that they have a beneficial interest in a property, contesting how shares should be divided or challenging another party’s right to occupy or sell the property. If you are defending such a claim, early advice is essential to understand your position and the evidence required.

The team at JMW will review the legal title, financial contributions, key documents and the history of the relationship between the parties. Witness evidence is particularly important in these cases, especially where the legal owner disputes that any trust was created or that the other party acquired an interest. We also consider whether any payments - for example, towards the mortgage, renovation costs or bills - support or undermine the claim.

If proceedings have already begun, we can help you respond to the claim form, prepare your statement of case, comply with the Civil Procedure Rules and relevant practice directions, and protect your position as the matter progresses through court allocation, costs budgeting and any hearings listed. Our focus is on limiting the impact of the claim, identifying the strongest legal arguments and seeking opportunities to resolve matters without the need for a final hearing.

TOLATA Claims and Unmarried Couples

TOLATA claims frequently arise where an unmarried couple purchases or occupies a property together, but their respective ownership shares were never formally recorded, or where the legal title does not reflect what each party believes they contributed. Disputes may also occur following a relationship breakdown, particularly where one party has moved out or needs access to equity tied up in the property.

In these situations, the court may determine beneficial ownership based on financial contributions, discussions between the parties, behaviour during the relationship, and evidence of shared intention. The court can also decide occupation rights, including whether one party should remain in the property and whether “occupation rent” should be paid.

These cases are often emotionally charged because they involve a person’s home and significant financial commitments. We guide clients through the TOLATA framework with sensitivity, aiming to resolve disputes promptly through negotiation or alternative dispute resolution, while being fully prepared to act decisively if court proceedings become necessary.

What Is the Process of Instructing JMW in Relation to Your Property Ownership Dispute?

When you instruct JMW on a TOLATA matter, we follow a structured process to give you clarity from the start and ensure the dispute progresses efficiently.

• Initial discussion: once you contact us, we will talk through the details relating to the property, your relationship to it, and the issues that have prompted you to seek advice. This helps us understand the background before any formal work begins.
• Costs and timeframes: we will outline the likely costs and expected timescales involved, giving you a realistic picture of how your case may progress and helping you prepare for the next steps.
• Active management of your case: once instructed, we move quickly. We remain in regular contact, identify the key issues early, and provide clear, practical guidance throughout. Our team keeps the matter progressing and anticipates what you will need as the dispute develops.
• Understanding your position and objectives: we then look closely at the ownership arrangements, any contributions made, and the history of the dispute. This enables us to shape a strategy that reflects your circumstances and the outcome you are seeking.

Q

What is the process for pursuing or defending an ownership claim?

A

As with all disputes, in the interest of costs, it is strongly advisable that the parties attempt to settle the dispute outside of court. The first part of the process is therefore for the parties to set out their respective claims and negotiate with one another to try to reach a settlement. If an agreement is reached, this will be formally recorded in a settlement agreement. If the parties are unable to reach an agreement between themselves, an application to court will be made. The court process can be long and the parties should continue to attempt to reach a settlement whilst the court process is ongoing. If the proceedings are not settled, the court will grant an order which sets out the parties’ respective ownership rights.

Q

What is the typical turnaround time?

A

We recognise that timing is often a key concern. Although the length of a TOLATA matter depends on the issues involved and how the other party responds, we work efficiently from the outset and maintain proactive communication throughout to keep the case progressing as quickly as the circumstances allow.

Q

Can JMW advise both parties?

A

Whilst we cannot act for both parties who are in a dispute with one another due to a conflict of issues, in general we do act for act for both the party seeking to assert their legal property rights (e.g. a beneficial interest in a property) as well as parties who are denying and defending that another party has such a right in relation to their property. This enables us to understand the perspectives and drivers on each side. This provides critical insights into likely negotiation tactics, challenges and solutions that we can use to our clients' benefit.

Q

Does JMW work with properties in all locations?

A

We have offices in Manchester, Liverpool and London and work across the whole of England and Wales to resolve property disputes. We work with a range of surveyors in various locations who are able to assist should their expertise become necessary.

Q

Can property disputes be resolved without litigation?

A

In many cases property disputes can be resolved without going to court, saving time, money and stress. Resolving the dispute without litigation also helps to preserve relationships. While the suitability of alternative dispute resolution methods depends on the specific circumstances of your case, these approaches are often effective in reaching a settlement that benefits all parties. At JMW, we help clients to explore these options at an early stage and tailor our approach to the needs of each specific dispute.

Q

How much do JMW's services cost?

A

Our property litigation team offers competitive hourly rates for TOLATA claims. We can give you an idea of potential costs and funding structures during our initial consultation.

Get in touch with our expert property litigation team to learn more about how we can help you today.