Severing a Joint Tenancy


Severing a Joint Tenancy 



A joint tenancy may be severed in three ways as stated in the case Williams v Hensman

1. Anyone of the persons interested in operating upon his own share may create a severance as to that share. the right of each tenant is a right to survivor-ship only in the event that no severance having taken place of the share which is claimed under jus accrescendi. Each one is at liberty to dispose of his own interest in such a way manner as to sever it from the joint fund losing of course at the same time, his own right to survivor ship.

2.Joint tenancy may be severed may be severed by mutual agreement.

3. There may be a severance by any course of dealing sufficient to intimate that the interest all were mutually treated as constituting a tenancy in common.

The case of Kinch v Bullard [1998] 4 All E.R. 650 is also important and instructive here  as this affects the way in which severance occurs especially when matters concerning the communication of the notice is being considered.
The Law of Property  Act 1925 s.36(2) is very important in considering matters of severing a joint tenancy

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