Greenfield v Greenfield

314 words (1 pages) Case Summary in Cases

12/10/18 Cases Reference this

Last modified: 12/10/18 Author: In-house law team

Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.

If you would like to view other samples of the academic work produced by our writers, please click here.

Greenfield v Greenfield (1979) 39 P & CR 570, ChD

Joint Tenants – Severance of Joint Tenancy – Mutual Agreement – Course of Conduct

Facts

Two brothers purchased a house together, and made an express statement that they would be holding the land as joint tenants.  Both got married and moved their wives into the house shared between them.  For convenience and privacy, the brothers physically divided the house between them building a wall and each occupied one part of the house.  When one of the brothers died, the surviving brother evicted his brother’s widow.  The widow claimed that the brothers’ joint tenancy had been severed by the partitioning of the house and that this amounted to a course of conduct showing an intention to sever the joint tenancy.

Issues

Was the partitioning of the house sufficient to amount to a course of conduct indicating that the joint tenants had intended to sever their joint tenancy and become tenants in common instead?

Held

The joint tenancy had not been severed.  The surviving brother retained his right to survivorship and was entitled to evict his brother’s widow.  Whilst the brothers had indeed separated the property physically, this was insufficient to amount to a course of conduct that amounted to a clear suggestion that the brothers had intended to sever their joint tenancy.  The physical separation of the property had been done for the sake of convenience, and was not in itself enough to overcome the clear express statement that the brothers had made in providing that they were joint tenants.  The parties were aware of the doctrine of survivorship, and mere physical separation did not imply an intention that this was to be disregarded and the rights of a joint tenant surrendered.

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.

https://agroxy.com

rx 570 цена

designedby3d.com/shop/mccree-revolver/

Current Offers