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High Court rules that a joint tenancy between the first defendant and his father may be severed despite the registration of a judgement mortgage by the plaintiff prior to the severance against the interests in the land of the first defendant, on the grounds that: (a) the judgement mortgage registered by the plaintiff on 9th September, 2010 against the interest of the first defendant in the relevant lands not affect the interest of his father, who was at that time was a joint tenant; (b) there was no impediment in law or in equity to the the first defendant and his father agreeing that they would own the lands as tenants in common rather than as joint tenants after the registration of the judgement mortgage against the first defendant's interest in the land; and (c) the judgement mortgage did not sever the joint tenancy but neither did it affect the right of the first defendant's to sever the joint tenancy, or the right of first defendant to consent to such severance or to agree to severance.
Joint tenancy - co-ownership of land - plaintiff marked judgments against the defendants in the sum of €604,029.06 and €315.98 for costs - registered as a burden on the folio against the interest of the first defendant - first defendant was registered as joint owner with his father - after the registration, the first defendant executed a form of transfer which recited their desire to sever their joint tenancy and transferred the lands to themselves as tenants in common in equal shares - whether joint tenants of registered land can sever their joint tenancy after the registration of a judgment mortgage in a manner which is effective against the judgment mortgagee - what is the effect of the registration of a judgment mortgage against the interest of a joint tenant of land where one of the joint tenants is a judgment debtor but the other is not - section 30 of the Land and Conveyancing Law Reform Act, 2000 - joint tenancy could be severed despite judgment mortgage - the plaintiff’s judgment mortgage was attached to the undivided share of the first defendant prior to severance - it was attached to his undivided moiety and it is to be satisfied out of that interest after severance.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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