Nielson-Jones v Fedden [1975] Ch 222

Written By Nicolas Heyes

Chancery Division

Basic Facts: C and her husband (RT), as joint tenants, agreed RT would use his discretion to sell their home. RT sold the property, but C sought a declaration that she was entitled to the proceeds.

Issue for the Court: What steps are necessary for severance?

Held: The court found that an informal agreement to divide sale proceeds from property did not sever the joint tenancy.

Walton J held:

  • A memorandum not clear enough to constitute notice under s.36(2) might still effect severance if there's a clear course of conduct or declaration of intention to sever.

  • A unilateral declaration alone does not effect severance unless accompanied by sufficient conduct or agreement.

Nicolas Heyes
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