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š Breaking the Joint Tenancy: Understanding Legal Severance Mechanisms
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Severance of joint tenancy transforms co-ownership rights fundamentally, allowing property shares to be passed through wills rather than automatically transferring to surviving owners.
ā¢ Mutual agreement between all joint tenants can sever without written documentation
ā¢ The Burgess v Rownsley case established intention matters more than formality
ā¢ Long-term conduct treating ownership as separate shares can effect severance
ā¢ Mutual wills create implicit severance through recognition of separate interests
ā¢ Homicide immediately severs joint tenancy through public policy principles
ā¢ Trust of Land Act 1996 provides framework for resolving co-ownership disputes
ā¢ Section 14 allows court applications when co-owners disagree about property
ā¢ Courts consider original trust purpose, minors' welfare, and creditors' interests
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Chapters
1. Breaking the Joint Tenancy: Understanding Legal Severance Mechanisms (00:00:00)
2. Introduction to Severance Part 2 (00:00:10)
3. Mutual Agreement Severance (00:00:38)
4. Burgess v Rownsley Case Study (00:01:45)
5. Mutual Wills and Homicide Effects (00:05:17)
6. Trust of Land Act Implications (00:10:00)
7. Section 15 Factors and Conclusion (00:14:30)
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