Land Act 1994

This section applies if a lease, licence or sublease (the tenure) is subject to a joint tenancy.

Subject to section 322, any of the joint tenants of the tenure (the severing party), may unilaterally sever the joint tenancy by registration of a transfer to the severing party.

The transfer need only be executed by the severing party.

The registrar of titles may register the transfer only if the registrar is satisfied the severing party has given, or made a reasonable attempt to give, each other joint tenant the following—

if the transfer is an electronic conveyancing document—notice of the severing party’s intention to sever the joint tenancy under subsection (2);

otherwise—a copy of the transfer.

On registration of the transfer, the severing party becomes entitled as a tenant in common with the other persons who were joint tenants immediately before the transfer.

If, before registration of the transfer, there were more than 2 joint tenants of the tenure, the joint tenancy of the other persons is not affected.