SEVERANCE OF JOINT TENANCIES

Abstract

This article questions the common law rules governing severance of joint tenancies. It begins with a review of the modern laws and reasons behind them, followed by a discussion of the various ways to effect severance, alluding specifically to destruction of the four certainties and severance by mutual agreement. It then considers the validity of equitable severance by unilateral declaration of one joint tenant and explains when severance is considered effective. It concludes that judicial recognition of severance by unilateral declaration of intent is unlikely.