A TOLATA claim is brought under the Trusts of Land and Appointment of Trustees Act 1996. It is used to determine who owns what share of a property and what should happen to it.
TOLATA claims are commonly used where:
The court can decide:
Proprietary estoppel is an equitable remedy that can arise where someone has relied on a promise or assurance about property ownership and suffered a detriment as a result.
A claim may arise where:
These claims often arise in family and farming disputes.
The court has wide discretion and may award:
A beneficial interest may exist even if your name is not on the legal title.
While each case turns on its own facts, evidence often includes:
Claims may be brought by asserting:
We advise on the most appropriate route based on your circumstances.
Proprietary estoppel is a flexible equitable doctrine used to prevent unfairness where someone has relied on a promise relating to property.
A claimant must generally show:
Common scenarios in which proprietary estoppel claims arise include:
While the court has discretion as to how much to award, a recent series of cases have confirmed that the court should look to satisfy the equity or injustice insofar as possible. This usually begins with seeking to meet the expectation. However, where the expectation far exceeds any detriment actually suffered (whether financial or otherwise), then the court will usually look to award an amount to meet the detriment or perceived injustice.
Ultimately, the court aims to satisfy the equity and may tailor the remedy to the facts of the case.
Roman Kubiak TEP
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