Private Lives - "I didn't know you did that..." - property litigation


09 January 2020

As we saw in Rhiannon Russell’s article, Declarations of Trust, when disputes arise in relation to the shares in a property or there are disagreements regarding whether a property should be sold and to whom, things can quickly become complicated. Luckily, Birketts’ specialist property litigators can help.

Such disputes are governed by the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) and are therefore commonly referred to as ‘TOLATA disputes’.  These disputes often arise between former unmarried cohabitees, although TOLATA applies equally to any unmarried relationship (including, for example, disputes between friends, or between siblings who disagree on what should happen to a property which they have inherited).

But this isn’t all that the property litigation team can help you with. As well as dealing with TOLATA disputes, they also advise in relation to:

  • boundary disputes
  • Japanese knotweed
  • landlord/ tenant issues.

Ranked by Legal 500 and Chambers & Partners as being in ‘Band 1’ for the work that they do, the property litigation team is noted for its “Niche experience in TOLATA disputes” and is described as being “in a league of its own. They are extremely efficient and constantly available. They have an innate knowledge and ability to cut quickly to the solution and a ‘cando’ attitude which, in my experience, beats all competition”. Key contacts include: Richard Eaton, Laura Tanguay and Stephanie Butler.

This article is from the winter 2019 / 2020 issue of Private Lives, our newsletter covering the key legal and tax issues that individuals face. To download the latest issue, please visit the newsletter section of our website. 

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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at January 2020.