Property Mediation Services
Joint Ownership & TOLATA Mediation
Resolving equity disputes between co-owners, co-investors, and family members with sensitivity, commercial pragmatism, and deep knowledge of the Trusts of Land and Appointment of Trustees Act 1996.
Disputes We Mediate
Joint ownership disputes are among the most emotionally charged property conflicts. When unmarried partners separate, when family members or co-investors disagree about a shared investment, or when co-owners fall out over the future of a property, the financial stakes are high and the personal dynamics are often intense.
Claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) determine who owns what share of a property, whether the property should be sold, and how the proceeds should be divided. These cases turn on evidence of financial contributions, common intentions, and detrimental reliance — issues that are inherently fact-sensitive and often bitterly contested.
Harvey Harding mediates these disputes with a combination of legal expertise and human sensitivity. He understands the legal framework and the evidential burden, but he also recognises that these are deeply personal disputes where emotions run high and relationships have often broken down entirely.
Common Scenarios
The Unmarried Couple Separation
An unmarried couple separate after years of living together. The property is in one partner's name, but the other claims a beneficial interest based on financial contributions, mortgage payments, and improvements to the property. TOLATA proceedings are expensive and uncertain. Mediation establishes a fair division without the cost and emotional toll of a court hearing.
The Family Investment Gone Wrong
Parents lend money to a child for a property purchase. Years later, the relationship breaks down and the parents want their money back — or claim a share of the equity. Was the money a gift or a loan? Is there a resulting trust? Mediation resolves the financial dispute without destroying the family relationship entirely.
The Co-Owner Deadlock
Two co-owners disagree about whether to sell the property. One wants to sell and release their capital; the other wants to remain in occupation. Neither can buy the other out at full market value. Mediation finds a practical solution — whether that is a sale, a buyout on agreed terms, or a structured timetable for resolution.
The Proprietary Estoppel Claim
A family member has been promised a share in property and has acted to their detriment on that promise — perhaps by working unpaid on the property or by foregoing other opportunities. When the promise is not honoured, a proprietary estoppel claim arises. Mediation resolves the claim without the uncertainty and expense of litigation, where outcomes are notoriously unpredictable.
Why Mediation for TOLATA Disputes
TOLATA claims are inherently uncertain. The law on constructive trusts, resulting trusts, and proprietary estoppel is fact-sensitive and the outcomes in court are difficult to predict. Both parties face the risk of a judgment that neither of them wanted.
Mediation gives the parties control over the outcome. Rather than leaving the decision to a judge who may not fully appreciate the personal dynamics and history behind the dispute, mediation allows the parties to negotiate a solution that works for both of them.
These disputes are also deeply personal. Court proceedings are adversarial and public. Mediation is confidential, private, and conducted in a way that — while firm and structured — is sensitive to the emotional complexity of the situation.
Facing a Joint Ownership Dispute?
Get in touch for a confidential, no-obligation discussion about how mediation can resolve your co-ownership or TOLATA dispute with sensitivity and commercial pragmatism.
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