Elizabeth is often instructed to advise and represent clients involved in disputes regarding property ownership.
Typical claims include applications under TOLATA, claims based on constructive trust and proprietary estoppel, and applications to set aside transfers on grounds such as undue influence.
These type of dispute are usually dealt with in the civil courts and involve civil and chancery law principles. In certain cases, for example where there are children or there has been an engagement, family law may also be engaged.
Examples of typical cases in which I am regularly involved are:
- Disputes between unmarried couples/former cohabitees as to ownership of property; this can often involve making an application under TOLATA;
- Disputes concerning ownership of farm property and land;
- Disputes between generations of a family regarding property ownership.
In these types of case, it may be appropriate for the issue to be resolved by a process of Alternative Dispute Resolution, such as mediation and Elizabeth will advise as to whether this is suitable for you.
In certain cases, however, it will be necessary for the matter to be dealt with through the Court process.