Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Re Denny [1947]

305 words (1 pages) Case Summary

17th Jun 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Re Denny [1947] L.J.R. 1029

Joint Tenancy – Severance – Course of Conduct – Intention


Two business partners owned a number of properties which they let out to tenants.  The partners were joint tenants and shared the income through a mutual fund.  The partners took the income from this fund equally, over a number of years.  Both partners were content with the course of dealings, and regarded themselves as being separately entitled to the money.  One of the partners died, and his estate argued that the tenancy had been severed by the parties’ common conduct which indicated that they were in fact tenants in common.  The surviving partner denied this and claimed that the joint tenancy had never been severed, ensuring that he would be entitled to the sum remaining in the fund through the doctrine of survivorship.


Whether the partners course of conduct had indicated an intention that the joint tenancy be severed and a tenancy in common created.  Whether or not this had been evidenced by the fact that there was evidence to suggest that both of the owners of the fund had regarded themselves as separately entitled to the funds, thereby indicating that the partners were mutually treating the fund as a tenancy in common.


The tenancy had been severed.  By treating the fund as thought they were tenants in common the partners had by their common course of conduct shown an intention to sever the tenancy.  The court also laid down the rule regarding the burden of proof by providing that the party that seeks to allege that the joint tenancy has been severed is required to prove this.  This had been accomplished in this case.

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles