TLATA claims

The Trusts of Land and Appointment of Trustees Act (TLATA) covers a wide range of potential matters relating to trusts of land, and relating to the appointment and removal of trustees.  However the most frequent claims made under the TLATA relate to property disputes between co-habitees. 

It is a common misconception that co-habitees (i.e. people that live together in a household but are not married, such as unmarried couples or those in a civil partnership) are married under the ‘common law’. However, just because they are not ‘common law spouses’ that’s not to say that co-habitees have no rights.

When relationships between co-habitees break down, it can give rise to substantial issues relating to property, such as:-

  • If property is jointly owned, should it be sold?  What if you can’t agree on whether the property should be sold or for how much? 
  • If the parties have invested different amounts into the property, in what percentages is it owned? 
  • If one party is not named on the title of the property, could they still have a right to claim an interest in it?

It is not unusual to see a property dispute following the breakdown of a relationship and when it does happen, it can be highly disruptive, which in turn, demands practical, pragmatic and effective advice.  

Our expert team have substantial experience dealing with disputes relating to trusts of land. Our litigators keep our clients’ objectives at the heart of their negotiations, are watchful of costs and appreciate how time consuming litigation can be. With this in mind, they aim to resolve issues through negotiation and mediation. If, however, a matter leads to litigation, they ensure that all matters are dealt with tenaciously and efficiently.