What Is a TOLATA Claim?

The process of making a TOLATA claim doesn’t need to be overwhelming. We’ve broken down each step to help guide you through.

The first step is for you to share the details of the issue and your ideal outcome. From there, we gather all necessary information, including:

• HM Land Registry records
• Details of the property’s ownership
• Key property information, such as purchase date, purchase price, current value, any mortgages, how the property is used, and how bills have been managed
• The original conveyancing file from the property purchase, if available.

Once we have all the relevant details, we’ll review everything and provide tailored advice on your case, covering potential options, the likelihood of success, and estimated costs. You can then decide whether to proceed with the next steps.

If you choose to move forward, we usually begin by sending a letter of claim to the other party. This letter outlines your position and the resolution you’re seeking. In many cases, a mutually agreeable outcome can be reached at this stage, either informally or through mediation. If an agreement isn’t possible, we’ll discuss whether to issue court proceedings.

If we proceed with court action under Civil Procedure Rules (CPR) Part 7 or Part 8, both sides must follow a structured process and timeline for submitting evidence. If the claim is contested, we’ll prepare witness statements and compile all necessary documents for trial. The court process can be complex, with various deadlines and procedures. We’ll ensure you understand each step, including associated costs and timelines, and we’ll work to keep the process as clear and manageable as possible.

One of the most common client concerns is clearly understanding the process, potential risks, and likely costs. Before initiating proceedings, we’ll ensure you have a full picture of how your case may proceed, any possible challenges, and expected timeframes. This way, you’ll have all the information you need to make confident, informed decisions. With our extensive experience, we can guide you through each aspect and answer any questions along the way.

Another concern is ensuring that any mediation outcome or court decision is properly enforced. We are here to handle all aspects of implementing a court order and, if necessary, the sale of a property so you can feel secure in the outcome.

Our litigation team specialises in resolving complex property ownership disputes, with a proven track record in TOLATA cases. Most of our cases involve co-owners, ex-partners, or unmarried couples who need clarity on their share of a property, changes in ownership since purchase, or a court order to facilitate a sale if co-owners disagree. We also handle cases requiring property sales or preventing unwanted sales.

Our approach sets us apart. We prioritise settlement and mediation early in the process, aiming to resolve matters swiftly and cost-effectively. If an agreement cannot be reached, we are fully prepared to represent you in court, where a Judge can make the final decision. Our regular experience with these cases means we know the process well and are equipped to guide you through it smoothly.

At Burt Brill & Cardens, we are committed to delivering quality service. We work closely with you to reach a fair settlement, keep you updated, and ensure you have direct access to the professional handling your case. Understanding that disputes can be stressful, we strive to make the process as straightforward and manageable as possible.

Navigating TOLATA disputes requires expertise and strategic planning, but you don’t have to face it alone. Our experienced solicitors are here to guide you through the complexities of co-owner disputes with confidence and clarity.

Contact us today if you’re ready to begin or have questions about the process and required documents. Reach us by phone at 01273 604 123, via email at enquire@bbc-law.co.uk or make an enquiry. We’re here to help you every step of the way.