Nielson-Jones v Fedden

Nielson-Jones v Fedden
Court	High Court (Chancery Division)
Citation(s)	[1975] Ch 222
Keywords
Co-ownership

Nielson-Jones v Fedden [1975] Ch 222 is an English land law case, concerning co-ownership of land.

Facts

After a breakup in the relationship a memorandum was agreed to grant the husband discretion to sell the house. It said the husband should ‘use his entire discretion and free will’ to decide whether to sell their former matrimonial home in order to purchase a home for himself.

Judgment

Walton J held this dealt with use of land, not ownership of proceeds of sale, and so severance was not effective. He said the memo was ‘wholly ambiguous’ about ownership.^[1] He felt notice must have been made irrevocable, so doubting Re Draper’s. Doubted in Burgess v Rawnsley [1975] Ch 429. The memo was insufficient to sever the joint tenancy under LPA 1925 s 36(2) because it dealt with use and not ownership of the sale proceeds. Also, no agreement could be drawn from the parties’ ongoing negotiations.

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 [1975] Ch 222

Re Draper’s Conveyance [1969] 1 Ch 486

Harris v Goddard [1983] 3 All ER 242

Law of Property Act 1925 s 196

Kinch v Bullard [1998] 4 All ER 650

Brown v Raindle (1796) 3 Ves 296, 30 ER 998

Re Dennis [1996] Ch 80

Burgess v Rawnsley [1975] Ch 429

Forfeiture Act 1982 ss 1-2

Re K [1985] Ch 180

TLATA 1996 s 7

TLATA 1996 ss 1, 3, 6, 11-15

White v White [2003] EWCA Civ 924

Mortgage Corporation v Shaire [2001] Ch 743

Insolvency Act 1986 ss 283A and 335A

Re Citro [1991] Ch 142

see English land law

References

↑ [1975] Ch 222, 229

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Nielson-Jones v Fedden

Facts

Judgment

See also

References