Severance of an Equitable Joint Tenancy - Severance by notice - Serving the Notice

5 important questions on Severance of an Equitable Joint Tenancy - Severance by notice - Serving the Notice

Can the severing tenant directly hand his notice of severance to the other JTs?

As long as it is correctly severed on the other co-owners, the notice of severance is valid.

Explain how a notice is correctly served to all the other JTs (s196(3) LPA 1925)?

The notice must be left at all the co-owners last-known home or place of business (s 196(3) LPA 1925).

Can a notice be revoked (cancelled) once served?

In Kinch v Bullard the wife posted notice of severance to her husband and later tried to destroy it. Once served, a notice to sever cannot be revoked because the notice is an irrevocable intention to sever immediately. The notice of severance is valid if the notice was left at the last known home or place of business of the joint tenants (s 196(3)).
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Explain how a notice of severance is properly posted under s 196(4)?

Any notice of severance sent by recorded delivery and was not returned by the Post Office as undelivered is sufficiently served. 

Is it necessary for the recipient to sign proof of receipt of the notice and what does the case of Re 88 Berkeley Road say about this?

In Re Berkeley Road a notice of severance was sent by the wife's solicitor to her husband. The wife signed for the letter so that her husband would never read it. The court confirmed that the notice of severance was correctly served despite the wife signing on behalf of her husband to prove receipt of the notice.

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