What is the test for severance of a common tenancy?
Manitoba, Canada
The following excerpt is from Arnold Bros. Transport Ltd. v. Murphy, 2013 MBQB 137 (CanLII):
Severance occurs if one of the described unities has, in some manner, been defeated. A joint tenancy may be severed in three ways as was set out in the seminal case of Williams v. Hensman (1861), 70 E.R. 862 at 867: 1. by one joint tenant acting on his or her own share without consent or notice to the other; 2. by mutual agreement; and 3. by conduct of the joint tenant – must be sufficient to show intention to treat the ownership as being a tenancy in common.
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