Joint tenancy - New South Wales. New South Wales. Law Reform Commission. In this report the Commission recommends that the law be changed to permit unilateral severance of a joint tenancy in Torrens Title land by the simple device of registering a declaration of severance. The Commission further recommends that unilateral severance by declaration be available to joint tenants of personal property.
Joint tenancies are an extremely common form of property co-ownership in New South Wales.
The most distinguishing feature of this form of co-ownership is the right of survivorship. The right of survivorship overcomes any testamentary provision to the contrary. This consequence of a joint tenancy is entirely suitable in the context of harmonious co-ownership. However, when the relationship between co-owners deteriorates the right of survivorship may become inappropriate. The only way to destroy the right of survivorship is by severing the joint tenancy.