Nielson-Jones v Fedden
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CourtHigh Court (Chancery Division)
Citation[1975] Ch 222
| Nielson-Jones v Fedden | |
|---|---|
 | |
| Court | High Court (Chancery Division) |
| Citation | [1975] Ch 222 |
| Keywords | |
| Co-ownership; words of severance; section 36(2) Law of Property Act 1925 | |
Nielson-Jones v Fedden [1975] Ch 222 is an English land law case, concerning co-ownership of land: specifically whether a settlement agreement between spouses or memorandum, vaguely worded amounted to "words of severance" as effective under section 36(2) Law of Property Act 1925. If so these are words which would render the parties tenants in common in equity.
After a breakup in the relationship a memorandum was agreed to grant the husband discretion to sell the house. It said the husband should ‘use his entire discretion and free will’ to decide whether to sell their former matrimonial home in order to purchase a home for himself.