What is the test for severing a joint tenancy?
British Columbia, Canada
The following excerpt is from Farley v. Pearlson, 2001 BCSC 1237 (CanLII):
The leading case of Williams v. Hensman (1861), 1 J.& H. 546, 70 E.R. 662, 30 L.J. Ch. 878 stated that a joint tenancy may be severed in three ways: a unilateral act of any one joint tenant in relation to his or her own interest, by mutual agreement, and “by any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common”(p.557-8).
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