Law of Property (Joint Tenants) Act 1964

1964 CHAPTER 63

An Act to amend the law with respect to land vested in joint tenants.

[31st July 1964]

Modifications etc. (not altering text)

C1 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

1 Assumptions on sale of land by survivor of joint tenants. E+W

(1) For the purposes of section 36(2) of the M1 Law of Property Act 1925, as amended by section 7 of and the Schedule to the M2 Law of Property (Amendment) Act 1926, the survivor of two or more joint tenants shall, in favour of a purchaser of the legal estate, be deemed to be solely and beneficially interested if F1 . . . the conveyance includes a statement that he is so interested.

Provided that the foregoing provisions of this subsection shall not apply if, at any time before the date of the conveyance by the survivor—

(a) a memorandum of severance (that is to say a note or memorandum signed by the joint tenants or one of them and recording that the joint tenancy was severed in equity on a date therein specified) had been endorsed on or annexed to the conveyance by virtue of which the legal estate was vested in the joint tenants; or

(b) [F2 a bankruptcy order] made against any of the joint tenants, or [F3 an application or] a petition for such an order, had been registered under the M3 Land Charges Act 1925, being an order [F4 , application] or petition of which the purchaser has notice, by virtue of the registration, on the date of the conveyance by the survivor.

(2) The foregoing provisions of this section shall apply with the necessary modifications in relation to a conveyance by the personal representatives of the survivor of joint tenants as they apply in relation to a conveyance by such a survivor.

Textual Amendments

F1 Words in s. 1(1) repealed (1.7.1995) by 1994 c. 36, ss. 20, 21(1)(2), Sch. 1, Sch.2; S.I. 1995/1317, art.2.

F2 Words substituted by Insolvency Act 1985 (c. 65, SIF 66), s. 235(1), Sch. 8 para. 13 (with saving in Insolvency Act 1986 (c. 45, SIF 66), s. 437, Sch. 11 para. 10)

F3 Words in s. 1(1)(b) inserted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 3(a)

F4 Word in s. 1(1)(b) inserted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 3(b)

Marginal Citations

M1 1925 c. 20.

M2 1926 c. 11.

M3 1925 c. 22.

2 Retrospective and transitional provisions. E+W

Section 1 of this Act shall be deemed to have come into force on 1st January 1926, and for the purposes of that section in its application to a conveyance executed before the passing of this Act a statement signed by the vendor or by his personal representatives that he was solely and beneficially interested shall be treated as if it had been included in the conveyance.

3 Exclusion of registered land. E+W

This Act shall not apply to [F5 registered land] .

Textual Amendments

F5 Words in s. 3 substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 5 (with s. 129); S.I. 2003/1725, art. 2(1)

4 Short title, construction, citation and extent. E+W

(1) This Act may be cited as the Law of Property (Joint Tenants) Act 1964, and shall be construed as one with the M4 Law of Property Act 1925.

(2) The Law of Property Acts 1925 to 1932, and this Act, may be cited together as the Law of Property Acts 1925 to 1964.

(3) This Act extends to England and Wales only.

Marginal Citations

M4 1925 c. 20.