(England & Wales)
Create your notice of severance to convert a joint tenancy into a tenancy in common, with the property details, the joint tenants giving and receiving notice, the share basis, an acknowledgment of receipt, and clear guidance on serving the notice and applying to HM Land Registry.
Professionally drafted — structured following section 36(2) of the Law of Property Act 1925 for England and Wales.
Download a professionally drafted notice of severance of joint tenancy template, also known as a notice to sever joint tenancy or a severance of joint tenancy notice. It converts a beneficial joint tenancy into a tenancy in common in equity under the proviso to section 36(2) of the Law of Property Act 1925, so each owner holds a distinct share that can be left by will rather than passing automatically to the survivor by survivorship. Severance is a unilateral act — one joint tenant can sever without the others' agreement. Covers the property and title number, the joint tenants giving and receiving the notice, the share basis (equal by default, or specified shares), an acknowledgment of receipt for proof of service under section 196, and guidance on applying to HM Land Registry for a Form A restriction using form SEV. Often used for estate planning, separation and divorce, and to put a life interest trust will into effect. Structured following the Law of Property Act 1925 for England and Wales.
Whether you prefer step-by-step guidance or a traditional form, both methods produce the identical professionally-formatted notice of severance. Choose the style that suits you.
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Get the Life Interest Trust Will + Severance Notice bundle for £65 — this notice plus our Life Interest Trust Will (IPDI), so you can sever a joint tenancy to tenants in common and put the trust in place together. Just need to sever? The notice on its own is all you need.
For co-owners who want to hold the property as tenants in common — each with a distinct share they can leave by will, rather than it passing automatically to the survivor.
A notice of severance converts a beneficial joint tenancy into a tenancy in common under section 36(2) of the Law of Property Act 1925. Instead of the whole property passing automatically to the survivor, each owner has a distinct share they can leave by will.
Co-owners in England and Wales hold property in two layers: the legal title, and the beneficial (equitable) interest. The beneficial interest can be held in one of two ways:
A notice of severance is the written notice that moves you from the first to the second. It severs the joint tenancy in equity, so from then on you hold as tenants in common.
Our template is based on UK law and structured following the proviso to section 36(2) of the Law of Property Act 1925.
Without severance, the right of survivorship overrides your will — your share passes to the surviving co-owner whatever your will says. Severing lets you leave your share to your children, protect it on separation, or put a life interest trust into effect.
The notice takes effect once it is given to the other joint tenant — by hand, or by post that is not returned undelivered. Keep proof of service, then apply to HM Land Registry for a Form A restriction using form SEV (no fee).
Severance takes effect when the notice is given to the other joint tenant(s). Under section 196 of the Law of Property Act 1925 it is validly given if you:
Keep your proof. If a recorded-delivery letter is returned undelivered, service may fail, so personal delivery or a signed acknowledgment is the safest route.
Apply for a "Form A restriction" using HM Land Registry form SEV, enclosing the notice as evidence. There is currently no fee. Once entered, the restriction confirms you hold as tenants in common and stops a sole surviving owner selling or mortgaging without a second trustee. Send form SEV to HM Land Registry, Citizen Centre, PO Box 7806, Bilston, WV1 9QR.
Severance gives equal shares by default. For unequal shares you also need a Declaration of Trust. Take care with proof of service, co-owners who lack capacity, and existing mortgages — and get advice for genuine disputes.
Severance creates a tenancy in common in equal shares by default. To fix unequal shares — for example reflecting different contributions — you also need a Declaration of Trust. A notice of severance changes how you hold the property, not the size of each share.
Consider professional advice where there is a genuine dispute, where a co-owner lacks mental capacity (severance may need Court of Protection involvement), or where the property is mortgaged or held on trust.
The notice takes effect only once it is given to the other joint tenant(s). Hand it over in person, or send it by recorded or special delivery, and keep proof of service — ideally the signed acknowledgment of receipt. This is a notice, not a deed, so no witnesses are required. Then apply to HM Land Registry for a Form A restriction using form SEV (no fee). For unequal shares, also complete a Declaration of Trust.
Yes. When completed and given to the other joint tenant(s), this creates a valid notice of severance under the proviso to section 36(2) of the Law of Property Act 1925.
It severs the beneficial joint tenancy in equity, so the owners hold as tenants in common — each with a distinct share they can leave by will.
A notice of severance is widely used across England and Wales for estate planning, separation, and life interest trust planning.
Yes. Severance by written notice under section 36(2) is a unilateral act — the consent of the other joint tenant is not required, and any joint tenant can sever at any time.
You serve the notice on the other owner; they do not have to sign or agree for the severance to take effect.
The signed acknowledgment on the document simply provides useful evidence that the notice was given.
Under section 196 of the Law of Property Act 1925 the notice is validly given if it is left at the recipient's last known UK home or business address, or sent by registered, recorded or special delivery post and not returned undelivered.
Keep proof — ideally the signed acknowledgment of receipt, or your proof of posting.
If a recorded-delivery letter is returned undelivered it may not count as served, so personal delivery with a witness or a signed acknowledgment is the safest route.
After serving the notice you apply to HM Land Registry for a Form A restriction using form SEV, enclosing the notice as evidence. There is currently no fee.
Once entered, the restriction confirms the property is held as tenants in common and prevents a sole surviving owner from selling or mortgaging without a second trustee, protecting each owner's share.
Send form SEV to HM Land Registry, Citizen Centre, PO Box 7806, Bilston, WV1 9QR.
No. Severance creates a tenancy in common in equal shares by default.
If you want to record unequal shares — for example because you contributed different amounts — you also need a Declaration of Trust.
A notice of severance on its own changes how you hold the property, not the size of each share.
No, for a standard severance. Our template is based on UK property law and includes the wording required by section 36(2), plus an acknowledgment of receipt and clear guidance on serving the notice and applying to HM Land Registry.
Consider advice for complex circumstances, such as a dispute over shares, a co-owner who lacks mental capacity, or where the property is subject to a trust.
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