36 Joint tenancies. E+W
(1)Where a legal estate (not being settled land) is beneficially limited to or held in trust for any persons as joint tenants, the same shall be held [F1in trust], in like manner as if the persons beneficially entitled were tenants in common, but not so as to sever their joint tenancy in equity.
(2)No severance of a joint tenancy of a legal estate, so as to create a tenancy in common in land, shall be permissible, whether by operation of law or otherwise, but this subsection does not affect the right of a joint tenant to release his interest to the other joint tenants, or the right to sever a joint tenancy in an equitable interest whether or not the legal estate is vested in the joint tenants:
Provided that, where a legal estate (not being settled land) 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, and thereupon [F2the land shall be held in trust on terms] which would have been requisite for giving effect to the beneficial interests if there had been an actual severance.
[F3Nothing in this Act affects the right of a survivor of joint tenants, who is solely and beneficially interested, to deal with his legal estate as if it were not held [F2in trust].]
(3)Without prejudice to the right of a joint tenant to release his interest to the other joint tenants no severance of a mortgage term or trust estate, so as to create a tenancy in common, shall be permissible.
Textual Amendments
F1Words in s. 36(1) substituted (1.1.1997) by 1996 c. 47, s. 5(1), Sch. 2 para. 4(2)(4) (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2
F2Words in s. 36(2) substituted (1.1.1997) by 1996 c. 47, s. 5(1), Sch. 2 para. 4(3)(a)(b)(4) (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2
F3Words added by Law of Property (Amendment) Act 1926 (c. 11), Sch.
Modifications etc. (not altering text)
C1S. 36 applied by Leasehold Reform Act 1967 (c. 88), s. 6(1)
C2S. 36(2) extended retrospectively by Law of Property (Joint Tenants) Act 1964 (c. 63), ss. 1, 2