Beneficial Interests, Trusts and Restrictions : Severance
The Applicant bought a house together with the Respondent’s mother as joint tenants in 1966, and both lived in separate parts. They were not related nor were they in a relationship. Solicitors acting for Respondent and her mother purportedly sent a notice severing the tenancy in November 1995. This led to a restriction being placed on the title. A second notice was allegedly served by Respondent’s daughter in December 2003, when her mother was ill in hospital. Respondent’s died in March 2004. Applicant applied to remove the restriction and claimed that neither notice had been served. Held that both notices had been served in accordance with section 196(3) of the Law of Property Act 1925.
Citations:
[2017] EWLandRA 2017 – 0125
Links:
Jurisdiction:
England and Wales
Registered Land, Trusts
Updated: 05 April 2022; Ref: scu.605824
