Section 14 TOLATA: When Can the Court Order a Sale?
Disputes about jointly owned property are common. One co-owner may want to sell; another may want to remain. One beneficiary may wish to buy out the others; another may insist on an open market sale. Where the property is held on a trust of land, the court’s powers are found principally in section 14 of the Trusts of Land and Appointment of Trustees Act 1996, usually known as TOLATA. Section 14 allows a trustee of land, or any person with an interest in property subject to a trust of land, to apply to the court for relief. The court may then make an order relating to the exercise by the trustees of their functions, or declare the nature or extent of a person’s interest in the property. In practical terms, this often means that the court is asked to decide whether a property should be sold, whether sale should be postponed, who should conduct the sale, or what beneficial shares the parties have. The jurisdiction is broad, but it is not unlimited. The court can make orders concernin...
