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Re Draper's Conveyance

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English land law case

Re Draper’s Conveyance
CourtHigh Court, Chancery Division
Full case name In re Draper's Conveyance Nihan v Porter and Another
Decided18 October 1967
Citations 1 Ch 486
2 WLR 166
3 All ER 853
Case history
Prior actionnone
Subsequent actionnone
Court membership
Judge sittingPlowman J
Case opinions
Held: there was severance in equity with the affidavit supporting the summons
Keywords
co-ownership: joint tenancy: severance; matrimonial law; sworn affidavit for half interest; untimely death

Re Draper’s Conveyance is an English land law case, concerning co-ownership of land.

Facts

A husband and wife, joint tenants, divorced and she issued a summons under the Married Women's Property Act 1882, section 17 for the house to be sold and proceeds split between them. She swore an affidavit saying she wanted proceeds to be ‘distributed equally; alternatively, that pay me one half the value ...’. The court issued between the parties an order for long-term possession and sale was such that the husband could stay in possession until his death. He died before divorce proceedings were finished. The children of the husband wanted there to be severance so they could claim the father’s share, and not have their stepmother entitled to the whole. The question was whether a severance of the joint tenancy was effective.

Judgment

Plowman J held there was severance in equity with the affidavit supporting the summons on 11 February 1966. He noted counsel’s argument that the court has no power under the Married Woman’s Property Act 1882 to sever the beneficial joint tenancy. That was irrelevant because the affidavit severed, not the court. That was the true construction of Law of Property Act 1925, section 36.

Distinguished in

Applied in

See also

Sources on co-ownership
Law of Property Act 1925 ss 1(6), 34(2), 36(2) and 184
Trustee Act 1925 s 34(2)
Inheritance Act 1975
Williams v Hensman (1861) 1 J&H 546
Nielson-Jones v Fedden Ch 222
Re Draper’s Conveyance 1 Ch 486
Harris v Goddard 3 All ER 242
Law of Property Act 1925 s 196
Kinch v Bullard 4 All ER 650
Brown v Raindle (1796) 3 Ves 296, 30 ER 998
Re Dennis Ch 80
Burgess v Rawnsley Ch 429
Forfeiture Act 1982 ss 1-2
Re K Ch 180
TLATA 1996 s 7
TLATA 1996 ss 1, 3, 6, 11-15
White v White EWCA Civ 924
Mortgage Corporation v Shaire Ch 743
Insolvency Act 1986 ss 283A and 335A
Re Citro Ch 142
see English land law

References

  1. ^ "Index card in re Draper's Conveyance - ICLR".
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