Beneficial Interest and TOLATA Claims

What We Did: TOLATA Claim, Beneficial Interest and a Joint Venture

This a beneficial interest claim under TOLATA brought by our client’s uncle further to the joint venture between them over the course of a number of years.

Multiple properties were involved in this dispute and our client sought an equitable account in the sum of circa £500k. The property value is significant. An injunction application was issued by the claimant which was then defended by us and ultimately, stayed pending the outcome of the multitrack claim.

Our highly skilled litigators are known for their history of achieving positive outcomes for our clients in a vast range of different matters.

Our Solicitor-Advocate and Managing Partner, Jonathan Starck, leads our civil litigation team and can advance any case in any Court in England and Wales. He offers a client-focused approach with clear and practical advice from the case’s outset and consistently delivers excellent results.

About Beneficial Interest and TOLATA Claims

Understanding Beneficial Interest and TOLATA Claims

When you’re involved with property – whether purchased with someone else, inherited within a family, held in a joint venture or trust arrangement – the law recognises two distinct interests: the legal title (who is the owner on the Land Registry) and the beneficial interest (who is entitled to the value, use or proceeds of the property).

The term beneficial interest means that even if your name is not on the title, you may still have a right to a share of the property (for example, the right to reside in it, share in the rental income or receive part of the sale proceeds).

We cover this in more detail in: What is a Beneficial Interest in Property?

The Act known as TOLATA provides the legal framework for resolving disputes where more than one person has a stake in property. Under TOLATA, the Court can make orders about who is entitled to occupy a property, declare what each person’s beneficial share is and order a sale if required.

When Might a Beneficial Interest & TOLATA Claim Arise?

You might find yourself looking at this area of law if:

• You contributed to the purchase, mortgage, renovation or upkeep of a property but your name is not on the title deeds.
• You were promised a share or interest in a property (for example in a family business or joint venture) which has not been formalised, and you have acted to your detriment.
• You and another party jointly own or invest in property and you fall into dispute about who owns what share, or whether the property should be sold.

In such circumstances, a specialist dispute-lawyer can structure a claim under TOLATA to have the Court determine your rights and secure a fair outcome.

You may want to read: How to prove a beneficial interest in property?

How We Help at Starck Uberoi

At Starck Uberoi Solicitors our civil litigation and property-dispute team is experienced in handling high-value beneficial-interest and TOLATA claims. In our recent published case-study we advised a client whose uncle brought a beneficial interest claim under TOLATA following a long-standing joint-venture involving multiple properties and an equitable account sought in the region of £500,000.

Our approach is:

• Early review & evidence gathering: We assess the contributions, intentions, agreements (formal or informal) and conduct of all parties.
• Strategic negotiation or court application: We explore whether the matter can be resolved via mediation or negotiation, and if not we guide you through the TOLATA application process.
• Representation in Court: When litigation is required, our Solicitor-Advocate led by Managing Partner Jonathan Starck will advocate vigorously on your behalf, working to secure a clear declaration of your interest or a fair allocation of the property’s value.

What the Case Study Means for You

The case study shows several important points:

• A beneficial interest claim need not be limited to a relationship breakdown; it can arise out of joint ventures, family arrangements or commercial property investments. (As in our client’s case, multiple properties and a substantial equitable account were involved.)
• Even where the legal title is in one party’s name, the Court will look behind the title at the parties’ contributions, the agreed intentions and the course of dealings.
• When stakes are high (for example where property value is significant and multiple assets are involved) you benefit from legal-team experience in managing complex evidence, injunctions and multitrack litigation.
• A strong beneficial interest claim requires strategic planning, evidence collection and an understanding of the interplay between trust-law and property law under TOLATA.

Why Choose Starck Uberoi

• We bring a client-focused, pragmatic approach: we provide clear, practical advice from the outset.
• Our team is litigation-capable at every level: instructed for multi-track property and trust disputes in the courts of England & Wales.
• We handle both the substantive trust/interest issue and the procedural/multitrack litigation risk – giving you a single legal team to cover the full journey.
• We are proud to demonstrate our success in the published claim: achieving progression of a complex beneficial interest case involving multiple properties and an equitable claim of around £500,000.

Get in Touch

If you believe you may have a beneficial interest in a property (even if your name is not on the title) or you are involved in a dispute where a co-owner or investor is asserting such interest, we invite you to contact Starck Uberoi Solicitors or have a ast amount of expertise in beneficial interest ( also known as equitable interest in property) for an initial review of your situation.

Call us on 020 8 940 0485 or use the contact form on this page to arrange an appointment. We will help you understand your rights under TOLATA and the options for pursuing or defending a beneficial interest claim.

Our Offices

Our Brentford Solicitors, are located on the High Street in a grand three-story building, just a short distance from Brentford County Court. Our Belgravia solicitors are located Just a 5-minute walk from Victoria tube station in Grosvenor Gardens. Our Ealing solicitors are only a short walk from both Ealing Broadway and South Ealing and our Richmond Solicitors have the pleasure of overlooking the picturesque Richmond Green. Finally, our Solicitors in Canterbury are located in the within the UNESCO World Heritage Site of Canterbury Cathedral. Our partner, Raminder Uberoi, can also offer a Notary Public Service at any of our London offices.