Re 88 Berkeley Road [1971]

Re 88 Berkeley Road, NW9 [1971], also known as Rickwood v Turnsek [1971]

Facts

  • Upon instruction by a wife, a letter was sent by a solicitor to the wife’s husband purporting to sever the ¬†joint tenancy of the home
  • The wife signed for the letter, intercepting it such that her husband (the other joint tenant) would never read it

Issue

  • Had the joint tenancy been severed

Decision

  • Yes

Reasoning

  • ‘Notice in writing’ in s 36 of the Law of Property Act 1925 is to be interpreted in accordance with s 196 of the same Act, such that it is effective buy yellow xanax bars online whenever it would usually have been delivered, had the wife not intercepted it

    “Any notice…shall also be sufficiently served, if it is sent by post in a registered letter addressed to the [other joint tenant(s)], at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned by the postal operator (within the meaning of the Postal Services Act 2000) concerned¬†undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.”

RELATED CASE  Webb v Pollmount [1966]

Posted in Land Law Revision Notes.

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