Co-ownership - Severance of an Equitable Joint Tenancy - Severance by notice

5 important questions on Co-ownership - Severance of an Equitable Joint Tenancy - Severance by notice

What are the three requirements for a valid notice under (s. 36(2) LPA 1925)?

  • In writing (not an answerphone message)
  • Show correct intention to sever immediately
  • Be correctly served (s.196 LPA 1925)

When must the notice of severance show an intention to sever the JT tenancy? Can it be at a later date?

The notice of severance must show an intention to sever immediately and not at some later date.

How does the case Harris v Goddard demonstrate a lack of intention to sever immediately?

In (Harris v Goddard) a prayer for a property adjustment order in a divorce petition was ineffective to sever the JT because it was an invitation for the court to sever the interests at a future time and not immediately.
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How does (Re Draper's Conveyance) differ from (Harris v Goddard) in showing intention to sever immediately?

Although the facts are similar, here, the proportions are clearly set out where the wife was entitled to half the shares of the home. This shows clear intention.

Does the notice require a signature (s36(2) LPA 1925)?

No requirement for the notice to be signed (s. 36(2) LPA 1925.

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