.png){kind=icon}
Co-ownership
-
A co-owner's fraudulent mortgage of co-owned land can amount to an act of severance.
-
A notice of severance is 'served' when at the moment of delivery even if the sender destroys it before being read by its intended recipient.
-
A co-owner's informal agreement to sell their interest can effect severance by 'mutual agreement' even if the agreement is later revoked.
-
Where property is purchased in joint names as a family home, the starting point is a heavy presumption of equitable joint tenancy
-
Express declarations of trust are conclusive in the absence of vitiating factors such as fraud
-
Page-Wood VC explored three methods of severance in this case: operating on one's own share, mutual agreement and course of dealing
First National Bank v Hegerty (1965)
Kinch v Bullard (1999)
Burgess v Rawnsley (1975)
Stack v Dowden (2007)