Mutual agreement can be inferred from conduct/discussions between the co-owners
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Card 17
Front
Incomplete negotiations won't be sufficient to achieve severance by mutual agreement
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Card 18
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Negotiations to sever may only amount to mutual agreement if parties express clean and unchanging intention to sever regardless of outcome of negotiations
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Card 19
Front
In order to effect severance, a mutual course of conduct must be clear and unambiguous
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Card 20
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Forfeiture rule waived if justice of the circumstances requires it
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Card 21
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In absence of an agreement to the contrary, severing party will take an equitable interest in the property in equal shares, proportionate to number of co-owners
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Card 22
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Exercising power under s14, court will take into account purposes for which the property was held
