Enforcement of orders made under TOLATA 1996
Produced in partnership with David Salter
Practice notesEnforcement of orders made under TOLATA 1996
Produced in partnership with David Salter
Practice notesThis Practice Note sets out the methods of enforcement available to enforce an order made under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). It details the steps to be taken following an order for sale where one party fails to execute a conveyance together with the procedure to be followed and explains the procedure to be followed on an application to commit for contempt of court.
TOLATA 1996, s 14 enables the court to make a declaration as to the nature and extent of a person’s interest in a property subject to a trust of land and/or for an order for sale of the property. Any trustee or beneficiary of the property is entitled to bring such a claim. See Practice Note: Eligibility to apply under TOLATA 1996.
Order for sale
TOLATA 1996, s 14 confers a discretion upon the court to make an order relating to the exercise by the trustees of any of their functions as it thinks fit. When determining an application for an order
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