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Neilson-Jones v Fedden [1975]

Facts

  • A husband and wife agreed that their ex-joint home was to be sold to provide for a small house for the husband; given that the wife was already accommodated elsewhere

Issue

  • Did this agreement to sell sever the joint tenancy of the husband and wife such that the property vested entirely in the husband?

Decision

  • No

Reasoning

  • No intent to sever and the agreement itself was unenforceable
  • A final agreement is required to sever a joint tenancy under the Williams v Hensman (1861) catalogue, when interpreting the Law of Property Act 1925, s 36(2)
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