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Law Cases
Land Law Cases
Co-ownership Cases

Nielson-Jones v Fedden [1975] Ch 222

Country:
United Kingdom
By Oxbridge Law Team
Walton J
RELATED CASES

  • The plaintiff and her husband R.T. were joint tenants of their matrimonial home.

  • After they had separated they both signed a memorandum agreeing: "R.T. to use his entire discretion... to... sell the [matrimonial home]... and employ the proceeds realised to his new home... in order to provide a home... for... himself to live in...."

  • R.T. entered into an agreement for sale and, out of the £1,000 deposit, the plaintiff and R.T. by agreement each took £200.

Walton J

  • Held that there was no severance: The memo did not constitute an assignment of Plaintiff’s interest to Defendant nor could the memo be regarded as a written notice.

  • Also a beneficial joint tenancy could not be severed by a unilateral declaration of intention to sever, and since there was no agreement to sever, with or without the distribution from the deposit, a unilateral declaration by R.T. was not effective to sever the joint tenancy.

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