Co-ownership: Resolution of disputes

Question 1

Who can apply to dispute involving the co-owned land?

Answer 1

Any person who is a trustee of
land or has an interest in property subject to a trust of land

Question 2

What can the court do during resolutions?

Answer 2

It may order trustees to do
something eg:
- sell
- or allow a beneficiary into occupation.

It cannot order one beneficiary to ‘buy out’ the another

Question 3

How does a court make its decision?

Answer 3

All these relevant factors must be considered equally s15(1) TOLATA:

(a) The intentions of the person or persons (if any) who created the trust;

(b) The purposes for which the property subject to the trust is held;

(c) The welfare of any minor who occupies or might reasonably be expected to occupy any land subject to the trust as his home; and

(d) The interests of the secured creditor of any beneficiary

s15(3): the circumstances and wishes of
any beneficiaries of full age…or (in
the case of dispute) of the majority (of value on interest held) .