When coowners of property can’t agree on how to proceed, whether in relation to ownership shares, occupation, sale or beneficial interests under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), you have options. The TOLATA team at Birketts will help you choose the right route: negotiation, mediation, arbitration, or court proceedings – depending on your circumstances.
Every case is different, so you’ll receive clear guidance on:
- what each option involves
- its advantages and limitations
- the likely cost, timescale and risks.
Mediation
Mediation is a structured process where a neutral third-party helps parties to communicate and explore solutions. It can be particularly effective in TOLATA disputes, as it allows parties to:
- discuss ownership, occupation, and financial contributions openly
- explore creative solutions for dividing property or recognising beneficial interests – with the freedom to consider options outside of the court’s powers – such as flexible timing on a sale or a phased buy-out
- agree arrangements for sale, buy-outs, or equitable accounting without involving the court
- preserve relationships
- reduce the stress, cost, and public exposure of litigation.
A skilled mediator ensures that discussions remain constructive, that each party’s concerns are heard, and that the parties have control over the outcome and leave with an enforceable agreement. Mediation works best when parties are willing to engage in dialogue, even if they start in disagreement, and frequently results in settlement.
Constructive negotiation
Even if formal mediation is not appropriate, structured negotiation can provide a privately-managed route to resolution. Our team can help you:
- put forward your position clearly
- challenge opposing claims regarding beneficial interest, contributions, or occupation rights
- explore settlement options that avoid litigation while protecting your legal rights.
Negotiation allows the parties to maintain control over the outcome and often saves time, cost, and stress compared with formal court proceedings.
Arbitration
Arbitration is a private and flexible alternative to court proceedings. The parties jointly appoint an independent arbitrator to consider the evidence and arguments and then make a final, binding decision on the issues in dispute. Because it is a consensual process, both parties must agree to use arbitration.
Arbitration can be particularly useful where parties want:
- a quicker and more streamlined process than the court can provide
- a private forum rather than a public hearing
- a decision-maker with specific property, valuation or trust-law expertise
- greater control over procedure, timing, and how evidence is managed.
The arbitrator’s role is similar to a judge’s; they set a timetable, decide what evidence is required, manage any hearings, and ultimately issue an arbitration award. This award is legally binding and enforceable, but remains confidential between the parties.
Although arbitration is used more commonly in commercial disputes, it can be an effective option in property and co-ownership matters where parties want a definitive outcome without the delays, formality or public nature of court proceedings. Costs are typically lower than court litigation, and the successful party can often recover a proportion of their costs through the award.
Court proceedings
If agreement cannot be reached, court proceedings may be necessary. This is often the case when:
- there is a deadlock over whether the property should be sold
- the parties are far apart on what their respective financial interests in the property are
- one party refuses to provide information or respond to correspondence
- urgent relief is required.
Court proceedings are more formal and adversarial, but they provide access to the full powers of the court. Our team will guide you through every stage: preparing your claim or defence, managing disclosure, preparing your witness evidence, instructing experts (valuers, surveyors, accountants), and representing you in hearings.
