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Co-ownership and trusts of land — SQE1 Land question

A worked single-best-answer question on co-ownership and trusts of land, with why each wrong option is wrong — the way SQE1 traps candidates.

Co-ownership and trusts of land

Ruth and Simon held their house as legal and beneficial joint tenants. After they separated, Ruth's solicitor posted a written notice of severance to Simon at the house, where he still lived. Before the letter arrived, Ruth was seriously injured in an accident. When the letter arrived, Simon read it, realised Ruth might die, and destroyed it. Ruth died a few days later, leaving her estate to her brother.

Who is beneficially entitled to the house?

  1. ASimon is entitled to the whole, because he never read and kept the notice, so the joint tenancy was not severed.
  2. BSimon and Ruth's estate are each entitled to a half share, because the notice of severance was effective when delivered to Simon's home.
  3. CSimon is entitled to the whole, because Ruth's notice could not take effect after she became incapacitated.
  4. DRuth's estate is entitled to the whole, because a notice of severance converts the joint tenancy into the sender's sole ownership.
  5. ESimon and Ruth's estate each hold a half share at law, but the beneficial interest passed to Simon by survivorship.
Show answer and reasoning
B is the best answer. Under the Law of Property Act 1925, s 36(2), a beneficial joint tenancy of land may be severed by written notice to the other joint tenant. By s 196(3)-(4), a notice is sufficiently served if left at the last-known abode or sent by recorded delivery and not returned undelivered. In Kinch v Bullard a notice that arrived at the recipient's home but was destroyed by the severing party was held effective; a fortiori it is effective where the recipient destroys it.

Rule: A written notice of severance is effective once served at the recipient's last-known abode, even if he never reads it.

  • A A notice served by post to the last known abode is effective on delivery, whether or not the recipient reads or keeps it. (wrong rule)
  • C Service was effective on delivery and does not depend on the sender's later condition. (right rule, wrong facts)
  • D Severance creates a tenancy in common in equal shares; it does not give the severing party the whole. (wrong rule)
  • E A legal joint tenancy cannot be severed, but the equitable joint tenancy was severed, so survivorship did not operate on Ruth's beneficial share. (answers a different question)

Source: Law of Property Act 1925, ss 36(2), 196(3)-(4); Kinch v Bullard [1999] 1 WLR 423

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