WHO MAY SEVER UNILATERALLY BY DECLARATION?
8.44 The Commission anticipates that severance by declaration will have greatest application in matrimonial cases. However severance by declaration has a much broader application and the scheme should not be limited to joint tenants who are married couples. Apart from the exceptions noted below, any joint tenant, including corporations should be able to sever by declaration. RECOMMENDATION 11 As a general rule and subject to the exceptions following, unilateral severance by declaration should be available to all joint tenants. EXCEPTIONS TO THE GENERAL RULE Old System land 8.45 The submissions received by the Commission on the question of whether severance by notice should be available in respect of Old System land were divided. In favour of extending the new procedure to Old System land was the Victorian Bar Council who submitted that if rights to unilateral severance are to be extended then they ought to be extended to owners of both Old System and Torrens Title land. 8.46 On the oth
