There are several legal procedures to be followed when a property is held under co-ownership. More details can be found here: Co-ownership of Property: Joint Tenancy and Tenancy in Common
Land Registry Practice
When co-owners decide to own property as tenants in common, the Land Registry places a restriction on the proprietorship register that the estate shall not be disposed by a sole proprietor unless authorised to do so by the court. This helps third parties as they are forewarned that the property is held in trust of land and cannot be disposed unless effected by a minimum of two trustees. However such a restriction does not appear on the proprietorship register when the co-owners decide to own the estate as joint tenants.
While a note is made of the tenancy in common, the Land Registry does not explain the proportion in which the property is divided; in fact knowledge of this division is of no concern to the Land Registry.
Severance of Joint Tenancy:
There are several ways to severe joint tenancy of the equitable interest in a property. It is usually done by one co-owner sending a written notice to the other. Bankruptcy of a person can also cause severance of his tenancy. Such a severance causes the joint tenants to become tenants in common. Severance can only be done when a party is alive and cannot be done by means of will or intestacy. However, as earlier said, such a severance can be made only on the equitable interest of the land and not on the legal estate.
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