## Facts

- Mr. and Mrs. Fedden owned their marital home as joint tenants.
- Marital difficulties arose, and both parties agreed to sell the property.
- Mr. Fedden signed a document granting Mrs. Fedden permission to sell and use the proceeds to purchase another home for herself.
- Before the sale was completed, Mrs. Fedden died.
- The central issue was whether the agreement and actions constituted severance of the joint tenancy, allowing Mrs. Fedden’s estate to claim a share of the property.

## Issues

1. Did the agreement between Mr. and Mrs. Fedden and Mr. Fedden’s execution of the sale document sever the joint tenancy?
2. Does an agreement to sell, without a concurrent arrangement to divide proceeds or deal with shares distinctly, suffice for severance?
3. What level of conduct or agreement is necessary to amount to severance of a joint tenancy?

## Decision

- The Court of Appeal held that the agreement and Mr. Fedden’s actions did not sever the joint tenancy.
- Mere agreement to sell the property, without a clear plan to divide the proceeds or treat shares separately, is insufficient for severance.
- The signed document allowed for sale but did not evidence intention to create separate beneficial interests in the property.
- The right of survivorship remained unaffected, so Mr. Fedden, as the surviving joint tenant, became entitled to the entire property.

## Legal Principles

- Severance of a joint tenancy requires clear indication or conduct showing intent to treat shares as separate, such as an explicit agreement to divide proceeds or ownership.
- An agreement to sell joint property alone does not amount to severance if it lacks provisions for division of interests or proceeds.
- Comparison with _Burgess v Rawnsley_ demonstrates that an agreement to handle shares distinctly can effect severance, but mere sale intentions do not.
- Clear documentation and legal advice are essential to avoid uncertainty about the effect of agreements on joint tenancies.

## Conclusion

_Nielson Jones v Fedden_ confirms that for severance of a joint tenancy by conduct or agreement, there must be a definite plan to treat shares separately; absent this, the right of survivorship prevails and entire ownership passes to the surviving joint tenant.


Nielson Jones v Fedden [1975] Ch 222