TOLATA 1996 section 14 applications: procedure, criteria, evidence, Part 7/8, Part 36, orders (interests and sale), costs, enforcement and forms (England and Wales)

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This Procedural Guide explains how to pursue an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) by a trustee of land, or by a beneficiary with an interest in property held on a trust of land. It provides direction on:

the threshold for bringing an application and the pre-action protocol
Part 36 offers under the Civil Procedure Rules 1998 (CPR), SI 1998/3132
evidential needs and the range of orders the court may make

An application under TOLATA 1996, s 14 can be brought by a trustee of land or a beneficiary with an interest in property subject to a trust of land. In addition, any other person with an interest in that property, for example a mortgage company, has standing to commence a claim. The court enjoys a wide discretion to make directions about the exercise of trustees’ functions, or concerning the character and scope of beneficiaries’ interests, which may include ordering a sale or deferring a sale. Beneficial interests are ascertained and declared according to settled principles of trusts law.

Criteria

The relevant legislative provisions are set out in TOLATA 1996 and the CPR...

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Web page updated on 20/05/2026

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