SEVERENCE

Question 1

What is severance?

Answer 1

• process of converting an equitable interest held as a joint tenancy into an interest held as a tenancy in common

Question 2

Does severance bring co-ownership to an end?

Answer 2

No, it simply changes the basis on which the equitable co-owners continue to hold the equitable title

Question 3

Is it possible to sever a legal joint tenancy?

Answer 3

No (s36(2)) - only can sever equitable ones

Question 4

What are the two basic ways severance can happen?

Answer 4

1. the severing joint tenant can give anotice in writingto all of the other equitable joint tenants.
2. the joint tenant can do‘other acts or things’, or behave in such a way that the joint tenancy is severed.

Question 5

What is the effect of severance?

Answer 5

• If a joint tenant successfully severs the equitable joint tenancy, that person will, in future, hold a tenancy in common which is an equal share, based on the number of former joint tenantsnoton the proportion of contributions made to the initial price:Goodman v Gallant
• It is generally irrelevant that each co-owner initially contributed unequally to the purchase price of the property