Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 59

59 Severing joint tenancy

(1) A registered owner of a lot subject to a joint tenancy may unilaterally sever the joint tenancy by registration of a transfer executed by the registered owner.

(2) However, the registrar may register the instrument of transfer only if the registrar is satisfied the registered owner has given, or made a reasonable attempt to give, each other joint tenant the following—

(a) if the instrument is an electronic conveyancing document—written notice of the registered owner’s intention to sever the joint tenancy under subsection (1) ;

(b) otherwise—a copy of the instrument.

(3) On registration of the instrument of transfer, the registered owner becomes entitled as a tenant in common with the other registered owners.

(4) If there are more than 2 joint tenants of the lot, the joint tenancy of the other registered owners is not affected.