Anita Nixon has written an article for Edward Fennell's Legal Diary on TOLATA claims and the challenge of informal ownership.
Anita comments: "Being the legal owner of a property does not automatically mean that that person also owns the beneficial interest in it (i.e. the equity in a property), and where the beneficial ownership is unclear, it can lead to a dispute invoking the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). So, how then, does one determine the beneficial ownership of a property? Well, it all depends upon the available evidence."
Read the full article here.
Dealing with ‘TOLATA’ claims (The Legal Diary)
8 June 2026