Pre-Action Protocols set out the steps that should be taken before issuing a court claim. They encourage parties to attempt to resolve the dispute early, clarify each party’s position and evidence, and identify key issues before litigation. Courts consider compliance with these protocols when managing cases, and failure to follow them can influence costs and case outcomes.

Mediation and ADR provide a structured, less adversarial approach to resolving disputes outside of court. These processes often lead to faster, lower-cost resolutions, help maintain relationships between co-owners, and allow parties to reach mutually agreed outcomes with the guidance of a neutral mediator.

Co-owners can protect their interests by reviewing and understanding property deeds and trust agreements, maintaining records of contributions to the property, seeking legal advice before making major decisions, and using TOLATA claims to formally request a sale, division of proceeds, or other resolutions when disputes arise. Mediation is also a useful option to resolve disagreements before initiating court proceedings.

TOLATA covers disputes between parties who have an interest in land, including disagreements between co-owners over the sale, use, or maintenance of jointly owned property. It also applies to boundary disputes between neighbouring landowners, adverse possession claims, and disagreements related to property acquired through inheritance or during a relationship.

A claim can be brought by individual co-owners, trustees of land under a trust, family members or common law partners with a legitimate interest in the property, and beneficiaries of a trust whose rights may be affected by decisions regarding the land.