Property rights

STOP PRESS: From 1 October 2026, the Chancery Division of the High Court is renamed the Business and Property Division. Existing Business and Property Courts sitting within the King's Bench Division are brought into the Business and Property Division and there are also consequential changes to related terminology and procedure—see News Analysis: Changes to the Chancery Division and formation of the Business and Property Division—what family practitioners need to know. This document is being updated to reflect these changes.

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:

  1. •

    the intention of the trust creator or creators

  2. •

    the purposes for which the property subject to...

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