Can a joint tenancy in real property be severed?

Saskatchewan, Canada


The following excerpt is from Royal Bank v. Oliver (Trustee of), 1991 CanLII 7932 (SK CA):

In dealing with the issue of whether or not a joint tenancy in real property had been severed, Sirois J. said in Johnson v. Johnson, supra, at p. 724 [W.W.R.]: "With the exception of Saskatchewan, the parts of Canada where the common law is applied retains the rule that, without obtaining the consent of or even notifying the other joint tenants, one joint tenant may sever, at law or in equity, as the case may be, by a conveyance, personal declaration of trust, or a contract with a third party." Further, at p. 725, the learned justice said: "The Land Titles Act of this province is the paramount statute which governs the land of every nature and description in this jurisdiction, and every estate or interest therein. Section 240 of the said statute deals specifically with restrictions on severance of joint tenancies, and its opening words are 'Notwithstanding anything in this or any other Act.' "

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