Q&As

Is it possible to sever a joint tenancy and create a tenancy in common of registered property where the fellow co-owner lacks mental capacity?

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Published on LexisPSL on 06/05/2016

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Is it possible to sever a joint tenancy and create a tenancy in common of registered property where the fellow co-owner lacks mental capacity?

Practice Note: Severance of a joint tenancy sets out the various ways in which severance can occur (including severance by statutory written notice under the Law of Property Act 1925, s 36(3) (LPA 1925) and severance by agreement or conduct), who can sever and what the effect of severance.

The most common way is to serve written notice from one of the joint tenants, detailing its intention to sever the tenancy with immediate effect. This ca

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