Luke Newton of MKB has successfully secured a positive outcome for a client in a contested TOLATA matter, demonstrating both strategic precision and a clear focus on achieving practical results. The case concerned a jointly owned property in which our client, the Claimant, had not resided for approximately three years. Despite repeated and reasonable requests for the Defendant to facilitate the realisation of the Claimant’s equitable interest, these were persistently ignored, leaving our client in a prolonged and financially restrictive position.
Recognising the urgency of the situation, Luke acted decisively to bring the matter before the court. By advancing a robust application under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), he was able to overcome the Defendant’s ongoing refusal to engage. The court was satisfied that an order for sale was both appropriate and necessary in the circumstances, particularly given the extended period of non-occupation and the Defendant’s lack of cooperation.
Trust of land claims, often referred to as TOLATA claims, arise where there is a dispute over the ownership or use of a property held in joint names or where one party asserts a beneficial interest in a property. These claims commonly occur between former partners, family members, or co-investors, and can involve issues such as determining each party’s share in the property, whether a property should be sold, or how any sale proceeds should be divided. TOLATA provides the legal framework for the court to resolve such disputes fairly, particularly where parties are unable to reach agreement themselves.
In addition to securing an order for sale, Luke successfully obtained an order for costs in favour of the Claimant. This ensured that our client not only regained access to their share of the property’s value but also recovered a significant portion of the legal expenses incurred. This outcome highlights MKB’s commitment to delivering timely, effective solutions and protecting clients’ financial interests in even the most challenging property disputes.
Luke is available for instruction and his details can be found here.
