Joint Tenancy / Joint Tenancy

In Case Law




Notice of termination – Local authority letting property to joint tenants – Notice terminating tenancy by one joint tenant without consultation with other tenant – Whether breach of trust: Crawley Borough Council v Ure (1995) 3 WLR 95


Incidents of joint ownership – Decision granting declaratory relief: Ryan v Dries [2002] NSWCA 3


Mortgage debt – Property seizure order – Application for stay of execution and other relief in respect of judgment entered against defendant and husband – Defendant and husband registered proprietors of property: Rams Mortgage Corp Ltd v Skipworth [2007] WASC 24


Joint ownership — Mortgage debt — Fraud of joint owner: Permanent Custodians Ltd v Yazgi [2007] NSWSC 279


Joint ownership of fee simple – Tenants in common – Whether provisions of deed precluded order for partition or sale of land – (WA) Property Law Act 1969 s 126: Nullagine Investments Pty Ltd v Western Australian Club Inc (1993) 177 CLR 635


Real property – Torrens system land – fraud – respondent company transferred land to appellant wife and husband as joint tenants – husband was company’s director – consideration to be satisfied by debiting husband’s loan account with company – husband knew company did not owe money in loan account – debit not recorded in company’s books until after transfer registered – husband subsequently transferred land to wife for nominal consideration – company sought to recover title from wife as sole registered proprietor – appellant’s title as joint proprietor with husband not defeasible on account of husband’s fraud – husband not appellant’s agent – registration as joint tenant did not mean that appellant’s title defeasible – appellant not a bona fide purchaser for value of husband’s interest in land – company could recover interest which appellant derived from husband, which was an interest as tenant in common as to half – appeal allowed in part: Cassegrain v Gerard Cassegrain & Co Pty Ltd [2015] HCA 2


Deceased executed Power of Attorney in favour of second Defendant as substitute attorney – Whether specified attorney was “unwilling or unable to act” – Whether the second Defendant had power to execute a Statutory Declaration in support of registration of a Transfer by the deceased, unilaterally severing joint tenancy – Indefeasibility – Whether s 42 Real Property operated so as create indefeasible title – Claim of statutory fraud: Anderson v Anderson [2016] NSWSC 1204


General principles – incidents of estates and interests in land – joint tenancy and tenancy in common: Creswick v Creswick  [2011] QSC


Debtor owing property as joint tenant – debtor dying before bankruptcy order made – whether order severing joint tenancy: Re Palmer [1993] 4 AER 812


Whether termination by one joint tenant effective: Hammersmith & Fulham v Monk [1991] 1 WLR 1144; [1992] 1 AER 1; Hounslow London VC v Pilling (1994) 1 AER 432.


Severance of joint tenancy by court in matrimonial proceedings – former spouse bound by terms of order after death of former spouse: Re Burns Deceased (1989) 97 FLR 299


Bankruptcy of one tenant: Sistrom v Uhr [1993] 4 FCR 550


Severance – Application for injunction restraining second respondent from registering transfer – Applicant and third party registered as joint tenants: McCoy v Estate of Peter Anthony Caelli [2008] NSWSC 986


Torrens title – unilateral severance of joint tenancy: McCoy v Caelli – [2010] NSWSC 1233