(a) Under Legal Ownership, s1(6) LPA 1925 states that Only joint tenancies of the
legal title are possible Irrespective of the words used when the land is transferred
to the co-owners and irrespective of their intentions. At law (the trustees ) , there
can only be a joint tenancy This means that all the legal owners are seen as one
unit in the eyes of the law The law does not see the separate persons as having an
individual share, they all own 100%
Under s 34 (2) LPA ACT 1925, Number of legal joint tenant trustees Limited to first
4 named in the conveyance. Presumably on the facts, it will be Aaron, Banner,
Candy, Dexter who are joint tenants at law
Equitable title may be held either as Joint Tenancy or Tenancy in Common. Title to
the house was expressly conveyed to them all as legal and beneficial joint tenants.
The declaration in the conveyance form is conclusive as to the beneficial interest
being held jointly as per Goodman v Gallant and Roy v Roy
Early in 2018 , Aaron suddenly died. A’s interest consequently dies with him under
the right of survivorship as per Re Caines. As a joint tenant, both at law and in
equity, A’s share passes to the other joint tenants. The legal title is henceforth
vested jointly in B, C and D, who hold on trust for E alongside B, C and D who now
jointly own the remaining 100%
, Does B’s letter to C, D and E amount to a severance? Under the Statutory Notice, s
36(2) LPA 1925 states that A joint tenancy in equity can be severed in writing or by
such other means as would severe a joint tenancy in personality
It can be argued that B’s letter amounts to a notice. Furthermore, there must be
Intention to sever. ‘but I need you to buy my share in the house’ can be argued to
show sufficient intention to sever the joint tenancy immediately as per Burgess v
Rawnsley and consequently in Gore & Snell v Carpenter, it must be shown that
the parties definitely intend for the property to be severed
D’s letter is not required to take any particular form Re Drapers Conveyance.
Letter must display an immediate desire to sever Harris v Goddard . The
significance of an agreement is not that it binds the parties; but that it serves as
an indication of common Intention to sever.
B’s letter to sever, has it been served on the other JTs? Written notice is a
unilateral act and B does not require the consent of the other joint tenants, s 196
LPA 1925, If the writing displays the necessary intention it must be served
properly on the other joint tenants
s 196 (3) LPA 1925 ; Any notice required to be served shall be sufficiently served if
it is left at the last-known place of abode. The letter was sent by standard post to
the house in London and was opened by Candy and Dexter received the letter
whilst at home in which they subsequently destroyed it. Kinch v Bullard; there
had been sufficient severance under s36(2) LPA 1925 even if Ed had not actually
read the notice.
A joint tenancy is severed in proportion to the number of joint tenants How much
is B’s share ? B now owns a 20% share in the beneficial interest (1/5) as Tenants in
Common with the others continuing to jointly own the remaining 80%
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