Property Disputes

It is not uncommon upon the death of a loved one to find that disputes arise over property, and these can arise in a number of ways.

TOLATA

The Trusts of Land and Appointment of Trustees Act 1996 (“the Act”) (commonly known as TOLATA) is a statute which regulates the relationship between owners of property and those that benefit from the property.

The Court’s powers under TOLATA are found at sections 14 and 15 of the Act.

This grants the Court wide powers and enables the Court, amongst other things, to establish the nature of the relationship and any interest a person may hold and to make an order to that effect.

The types of disputes that may arise in an inheritance context involving TOLATA are:

• disagreements over who owns a property (or what share of a property they own) where someone contributes financially towards the property but they are not on the title deeds;
• disputes between executors and beneficiaries over the sale of the property or disputes between the beneficiaries themselves;

Proprietary Estoppel

The law also provides a remedy where, in the context of an inheritance, a promise is made to a party in relation to property rights and it would be unconscionable for that party to then resile from that promise. This doctrine is more commonly known as proprietary estoppel.

To establish a proprietary estoppel claim there are three elements that need to be fulfilled:

1. a party has made a promise or assurance to another (“the Promise”)
2. there has been reliance upon that expectation by the receiving party (“the Reliance”)
3. the receiving party has suffered detriment as a consequence of that reliance (“the Detriment”)

Such a claim may arise, for example, in a farming context where a party works on the family farm relying on the promise that, one day, they will inherit it, then only to find, on the death of their parents, that promise has been broken.

How we can help

Claims under TOLATA and proprietary estoppel claims are fact-specific, so the history of any matter is particularly important and it is important to gather robust evidence at an early stage.

Given that family members are frequently involved these claims often are emotionally taxing. We work closely and empathetically with clients to fully understand their position and the circumstances concerning the property and we will provide you with practical advice from the outset.

At Colman Coyle, we would advocate, as far as possible, to try to resolve disputes like these without the need to involve the Court, and we actively encourage alternative forms of dispute resolution, such as mediation, wherever possible.

Our experience acting for clients involving TOLATA and proprietary estoppel disputes will mean we can run your case with the necessary expertise to achieve the best outcome for you.