What is the test for severance in real estate law?

Alberta, Canada


The following excerpt is from Royal Bank of Canada v. Bisset, 2005 ABQB 700 (CanLII):

Justice Coady goes on to say at page 5: However it is largely then a matter of what inference can reasonably be drawn from the evidence and while the agreement itself does not operate as a severance there may be conduct and acts of the parties from which severance can be inferred. In Crooke v. De Vandes (1805), 11 Ves. 330, 32 E.R. 115, the headnote reads as follows” “An agreement for severance as to the whole may be inferred from their conduct; dividing, as the property was received.”

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