CO-OWNERSHIP

Question 1

What are the ways under common law of severance?

Answer 1

3 grounds from Williams v Hensman:
(i) A joint tenant acting on his own share (selling, mortgaging, leasing) - First National Securities Ltd v Hegerty - House in joint names of H and W
H forged her signature on mortgage application
Held: this severed the joint tenancy so her share free of mortgage

(ii) Mutual agreement - Burgess v. Rawnsley - the oral agreement had been sufficient to sever the joint tenancy

(iii) Mutual conduct - Re Denny - 2 partners owned property mortgaged and equally divided all funds and treated funds as a TIC.
It was hence held to be severed.

Question 2

First National Securities v Hegerty

Question 3

Burgess v Rawnsley

Question 4

Re Denny

Question 5

What are the statutory methods of severance?

Answer 5

Forfeiture Act 1882 - Re Crippens

Merger of interest - At survivorship on death

Operation of law - Bankruptcy/ divorce/ inheritance

Written notice - s196(3) or s196(4) LPA 1925

Question 6

What are the methods of creation of a tenancy in common?