ABSTRACT
Total or partial alienation of his interest by a joint tenant is the clearest type of act within this head. Where a joint tenant alienates his interest inter vivos, his joint tenancy is severed and the transferee takes as a tenant in common, since he has no unity of title with the other joint tenants. Such severance does not affect the other joint tenants, who remain joint tenants inter se. Thus, if X, Y and Z are joint tenants, and X sells his interest to P, P becomes a tenant in common as to one-third and Y and Z joint tenants of two-thirds. If Y then dies, Z will become entitled to two-thirds by the right of survivorship, and P and Z will be left as tenants in common of one-third and two-thirds respectively. Severance by alienation also occurs where a joint tenant mortgages his interest22 or becomes bankrupt,23 and, since equity regards that as done which ought to be done, a joint tenancy of an equitable interest will be severed by an enforceable contract to alienate the interest.24
