Land Law Unit 3 - Co ownership

Goodman v Gallant

In the absence of an express agreement on severance of a JT the shares between the parties will always be of equal size, irrespective of uneven contributions to the purchase price.

Eves v Eves

Contribution through physical work on the house is sufficient for beneficial interest.

Re 88 Berkeley Road

If posted properly, a letter can operate to sever a joint tenancy, even if the letter is not read by the other joint tenant(s).

Williams v Hensman

Three possible methods of common law severance: 1. Act of a joint tenant operating on one’s own share. 2. Severance by mutual agreement. 3. Severance by Course of Dealings (Mutual Conduct) 

Kinch v Bullard

Once served, a notice to sever cannot be revoked – it is an ‘irrevocable intention to sever immediately’. 

Stack v Dowden

In domestic situations, shares are assumed to be equal unless there is evidence to the contrary