The Nature and Effect of a 'Release' from a Joint Tenancy

Abstract

Hardly any literature exists in relation to this potentially important property law co-ownership topic. This article therefore considers the nature of 'releases' by one joint tenant to another, a method by which a Joint tenant (whether legal and/or equitable) may effectively bring to an end their ownership interest in co-owned property, whatever its form, real property, chattels-real or personalty. The formalities and requirements for effective releases are considered in the light of relevant case law illustrations, along with the possible circumstances where the same might still be of relevance in our contemporary law of property co-ownership.