63Severance of joint tenancy

63 Severance of joint tenancy

(1)  [Section 63 Subsection (1) amended by No. 23 of 2021, s. 62, Applied:01 Jan 2022] *[Section 63 Subsection (1) amended by No. 21 of 1996, s. 19 ]*A joint tenant of registered land may sever the joint tenant’s joint tenancy by a declaration of severance in an approved form and registered under this Act.

(2)  On registering a declaration of severance in accordance with subsection (1) , the Recorder shall notify every other joint tenant of the land by notice in writing.

(3)  The mode of severance prescribed by this section is in addition to, and not in substitution for, any other mode available before the proclaimed date to a joint tenant of registered land.

(4)  [Section 63 Subsection (4) inserted by No. 36 of 2012, s. 25, Applied:13 Nov 2012] [Section 63 Subsection (4) substituted by No. 23 of 2021, s. 62, Applied:01 Jan 2022] On the severance of a joint tenancy in relation to land –

(a) if there are only 2 registered proprietors of the land – each registered proprietor becomes a tenant in common with the other registered proprietor of the land; or

(b) if there are more than 2 registered proprietors of the land –

(i) the registered proprietor who has severed the joint tenancy becomes a tenant in common with the other registered proprietors of the land who have not severed the joint tenancy; and

(ii) the joint tenancy of the registered proprietors, other than the registered proprietor who has severed the registered proprietor’s tenancy, is not severed.

(5)  [Section 63 Subsection (5) inserted by No. 36 of 2012, s. 25, Applied:13 Nov 2012] [Section 63 Subsection (5) omitted by No. 23 of 2021, s. 62, Applied:01 Jan 2022] .  .  .  .  .  .  .  .