Joint Tenancies

In the context of joint tenancy (beneficial joint tenancy in England), what happens when one joint tenant wishes to end the joint tenancy but does not wish to end co-ownership?

They may sever the joint tenancy, subsequently holding an undivided share as a tenant in common.

Which is the key case relating to severance by mutual agreement?

Burgess v Rawnsley (1975)

What key principle did the court emphasise in Neilsen-Jones v Fedden (1975) in relation to severance of a joint tenancy by mutual agreement?

Agreements must relate to ownership, not just use of the property, to effect severance.

Which Act discontinued the legal tenancy in common in the context of co-ownership in England and Wales?

Law of Property Act 1925

Complete the following quote from Russell LJ in Bedson v Bedson (1965) -  “On severance the beneficial joint tenancy becomes a beneficial tenancy in common in undivided shares and the right of survivorship no longer obtains. If there be two beneficial joint tenancies, severance produces a beneficial tenancy in common in...

...two equal shares."

What do Re 88 Berkley Road (1970) and Kinch v Bullard (1998) illustrate about notice of severance under section 36(2) of the Law of Property Act 1925?

If the notice was posted by recorded delivery (and not returned by the Post Office), or it can be established that it was left at the last known abode or place of employment of the intended recipient, severance can occur even if the notice is intercepted or destroyed before it can be read.

What does the term 'alienation' refer to in the context of joint tenancy?

The act of one joint tenant transferring their interest to a third party, which severs the joint tenancy

Which of the following is required for BOTH joint tenancies and tenancies in common?

Unity of Possession

Which of the following describes a tenancy in common?

Co-owners hold undivided shares in the property, which can be in different proportions.

Which form of severance, governed by section 36(2) of the Law of Property Act 1925, is NOT available in Northern Ireland?

Unilateral statutory notice.

In which of the following scenarios would a joint tenancy most likely be presumed (in the absence of an express declaration to the contrary)?

In respect of notice of severance under section 36(2) of the Law of Property Act 1925, what did Quigley v Masterson (2011) establish?

What are the primary characteristics of joint tenancy in land law?

In England and Wales, what legislation governs disputes between co-owners?

In Burgess v Rawnsley (1979), what was sufficient (in that case) to indicate severance of a (beneficial) joint tenancy by mutual agreement?

Where two persons are joint tenants of land in Northern Ireland, what is the primary legal consequence of severing the joint tenancy?

What does the concept of 'Course of Dealing' imply in the context of co-ownership?

In First National Securities Ltd v Hegarty (1985), what was found to be sufficient to sever a (beneficial) joint tenancy?

How does public policy affect a (beneficial) joint tenancy if there are two (beneficial) joint tenants and one of the co-owners kills the another?

In the context of land law in Northern Ireland, which type of co-ownership allows each party to hold a distinct (undivided) share of the property?

In the case of commorientes, which statement reflects the presumption in England and Wales under section 184 of the Law of Property Act 1925?

What is the effect of the doctrine of survivorship in a joint tenancy?

Question 24

Which of the following is NOT one of the 'four unities' essential for a joint tenancy to exist?

Unity of interest

Unity of time

Unity of occupancy

Unity of title

What was the court's finding in Greenfield v Greenfield (1979) regarding physical division of the property as evidence of severance by course of conduct?

Which of the following is a disadvantage of (a legal) tenancy in common?

Title to property can become fragmented.

It discourages environmental planning.

It over-simplifies conveyancing.

Survivorship rights may bypass heirs.

What is required for a sufficient "course of dealing" to indicate severance?

In the context of co-ownership, what does 'severance' refer to?

What are the four unities required for a joint tenancy to exist?

What occurs in Northern Ireland if joint tenants die simultaneously and it cannot be determined who survived?

Which of the following is NOT a form of severance?

Mutual agreement

Course of dealing

Unilateral statutory notice

Partition

Partition