Property rights

Property rights

Applications under TOLATA 1996

An application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) may be made by a trustee of land, or a beneficiary with an interest in property subject to a trust of land. The court has a broad discretionary range of powers to make orders regarding the exercise of the trustees’ functions, or to the nature and extent of beneficiaries’ interests, including a sale or postponement of sale.

TOLATA 1996, s 15 requires the court to consider:

•
the intention of the trust creator or creators
•
the purposes for which the property subject to the trust is held
•
the welfare of any minor, and
•
the interests of any secured creditor

See Practice Note: Eligibility to apply under TOLATA 1996. The following Precedent letter may be sent by practitioners to their clients: Cohabitant claims under the Trusts of Land and Appointment of Trustees Act 1996—client guide.

TOLATA 1996: case law

Beneficial interests are determined and declared under established principles of trust law. The leading case regarding cohabitant disputes

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