The classic authority on what ‘acts or things’ bring about severance in equity was provided by Page-Wood VC in Williams v Hensman (1861) 1 J & H 546: A joint tenancy may be severed in three ways: in the first place, an act of any one of the persons interested operating upon his own share may create a severance as to that share. Each one is at liberty to dispose of his own interest in such manner as to sever it from the joint fund losing, of course, at the same time, his own right of survivorship. Secondly, a joint tenancy may be severed by [...]. And, in the third place, there may be a severance by any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common. (at p 557)
Answer
mutual agreement
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#co-ownership #land #law
Question
The classic authority on what ‘acts or things’ bring about severance in equity was provided by Page-Wood VC in Williams v Hensman (1861) 1 J & H 546: A joint tenancy may be severed in three ways: in the first place, an act of any one of the persons interested operating upon his own share may create a severance as to that share. Each one is at liberty to dispose of his own interest in such manner as to sever it from the joint fund losing, of course, at the same time, his own right of survivorship. Secondly, a joint tenancy may be severed by [...]. And, in the third place, there may be a severance by any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common. (at p 557)
Answer
?
Tags
#co-ownership #land #law
Question
The classic authority on what ‘acts or things’ bring about severance in equity was provided by Page-Wood VC in Williams v Hensman (1861) 1 J & H 546: A joint tenancy may be severed in three ways: in the first place, an act of any one of the persons interested operating upon his own share may create a severance as to that share. Each one is at liberty to dispose of his own interest in such manner as to sever it from the joint fund losing, of course, at the same time, his own right of survivorship. Secondly, a joint tenancy may be severed by [...]. And, in the third place, there may be a severance by any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common. (at p 557)
Answer
mutual agreement
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Open it rance as to that share. Each one is at liberty to dispose of his own interest in such manner as to sever it from the joint fund losing, of course, at the same time, his own right of survivorship. Secondly, a joint tenancy may be severed by <span>mutual agreement. And, in the third place, there may be a severance by any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common.
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