Severance
The process of converting a joint tenancy into a tenancy in common, extinguishing the right of survivorship. Can be done by written notice (s.36 LPA 1925), mutual agreement, or course of dealing.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
A joint tenancy carries the right of survivorship: on the death of one joint owner, their interest passes automatically to the survivors rather than under a will. Severance breaks that link by converting the joint tenancy into a tenancy in common, in which each co-owner instead holds a distinct, separately disposable share.
Section 36(2) of the Law of Property Act 1925 sets out the main statutory method: where a legal estate is vested in joint tenants beneficially and any tenant desires to sever the joint tenancy in equity, he shall give to the other joint tenants a notice in writing of such desire — or do such other acts or things as would, in the case of personal estate, have been effectual to sever the tenancy in equity. The same subsection makes clear that a legal estate itself can never be held as a tenancy in common; severance operates only on the equitable, beneficial interest.
Related terms
Official sources
This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.