Stuart Miles

1 month ago | wrighthassall.co.uk | Stuart Miles

Imagine living on the same piece of land for many years - renovating it, maintaining it and even calling it home - even though you do not legally own it. The land is legally owned by someone else, someone who has simply neglected it for many years. However unfair it might seem, in property law adverse possession is a principle that allows someone, exactly as described above, to take legal possession of the land they have treated as their own for all those years.

2 months ago | wrighthassall.co.uk | Stuart Miles

The Trusts of Land and Appointment of Trustees Act 1996, commonly known as TOLATA or TLATA, is a law in England and Wales used to resolve disputes over the ownership and rights to property. These disputes often involve unmarried cohabiting couples, but can also apply to married couples, other family members, and even business partners. TOLATA allows a court to establish the nature of the relationships and interests of the parties involved in a dispute and to make an appropriate order.

Dec 5, 2024 | wrighthassall.co.uk | Stuart Miles

A TOLATA (Trusts of Land and Appointment of Trustees Act 1996) claim can be a complex process. The best method for avoiding a TOLATA claim is to prevent one arising in the first place by taking pre-emptive measures with any cohabitees. A written agreement between the parties can save a wealth of time and expense on protracted court proceedings. TOLATA claims typically involve parties who have an interest in a property but are seeking to resolve disputes over ownership, occupation, or sale.

Dec 5, 2024 | wrighthassall.co.uk | Stuart Miles

What is TOLATA? TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996. It is a piece of legislation that regulates the relationship between owners of property and land. Applying to co-habiting couples (and former co-habiting couples), the principle is that the legal owner of a property (the trustee) may be different from the person benefitting from it (the beneficiary).

Aug 28, 2024 | wrighthassall.co.uk | Stuart Miles

With the government’s promise to amend planning regulations to speed up the building of new housing, there will be renewed interest among farmers and landowners in exploring whether they have suitable land for development. However, what cannot be overlooked is the possibility that the land may be subject to a restrictive covenant which imposes constraints on what the land can, and cannot, be used for.