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23 March 2012 / David Burrows
Issue: 7506 / Categories: Features , Divorce , Family , Property
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Splitting up

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David Burrows notes the complexities that surround the severance of joint tenancy

Two recent cases have illustrated the complexities of English property law where land is held jointly by co-owners (whether married or unmarried). Legal title is always held jointly; and the survivor will own the whole title. The beneficial interests can be severed so that the owners will generally have a half share each in the beneficial ownership of the property and in the proceeds of sale. On the death of one, the survivor holds the legal title alone. The severed beneficial interest vests in the dead owner’s estate: the survivor holds it in trust for the estate.

Title will normally be severed by written notice of severance (Law of Property Act 1925 (LPA 1925), s 36(2)); but Elements of Land Law by Gray and Gray, fifth edition (2009) (Gray) identifies six other methods of severance (in an area of law described by Gray as of “unnecessary complexity”: para 7.4.68). Those of immediate concern to the family lawyer will be: severance

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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