Wills and Trusts

Form SEV: severing a joint tenancy

The form that puts your severance on the public register. Notice served, form SEV lodged, restriction entered, one fixed fee, agreed in writing.

HM Land Registry publishes the current form on GOV.UK. Send us a question about it and we reply by email.

Form SEV is the HM Land Registry application to enter a Form A restriction after a joint tenancy is severed, so the register shows tenants in common. Property Law Online drafts and serves the notice of severance, completes and lodges form SEV, and advises on the will that gives severance its point, across England and Wales.

What does form SEV ask for, panel by panel?

Form SEV is short, a single application form, lodged on its own without an AP1, but each panel does a specific job and the evidence panel is where applications fail. Panel numbering below follows the edition of 29 August 2023, checked 20 September 2026; check it against the form in force on the date of lodging.

The form is prescribed by the Land Registration Rules 2003 and explained in HM Land Registry Practice Guide 24 (private trusts of land), which also sets out what evidence is accepted where only one joint tenant applies.

PanelWhat it asks forCommon mistakes
1, Local authorityThe local authority area the property sits inGuessing, or naming the postal town rather than the authority
2, Title numberThe registered title number of the propertyUsing the address instead; quoting a leasehold title when the freehold is the one held jointly
3, PropertyFull postal address as it appears in the property registerAbbreviating or using a newer address the register has never been updated to show
4, Application and feeThe application to enter a Form A restriction. No fee is payableEditing the restriction wording, or asking for a different form of restriction. That is an RX1, not a SEV
5, The applicantFull name(s) of the person or people applyingNames that do not match the proprietorship register; a name change never registered
6, Sent to Land Registry byThe name, address and reference of whoever is lodging it, which is where the registry writes backLeaving it blank; giving the property address for someone who has already moved out
7, Evidence of severanceFour routes: all proprietors apply and no further evidence is needed; a document of severance signed by all of them, as an original or a certified copy; or, where notice was served, the notice with the other owner's signed acknowledgement, or the notice with the applicant's own certificate that it was left at or posted to their last known address and not returned undelivered. A conveyancer may certify instead of enclosing the papers; an applicant acting alone cannotNo notice enclosed; a notice signed but never served; service to an address the other owner had left
8, ApplicationThe Form A restriction wording itself, already printed on the formRetyping or amending the prescribed wording
9, SignatureSignature of each applicant (or their conveyancer) and the dateOne signature where both were said to be applying; an undated form

Can I complete form SEV myself?

Yes. Form SEV is one of the simpler HM Land Registry applications, no fee is payable, and where both owners sign there is no evidence to assemble. Entering a Form A restriction is not on the list of applications in Practice Guide 67 that call for evidence of identity, so an ID1 is not usually asked for, though the registrar can still require one in a particular case under rule 17 of the Land Registration Rules 2003 (updated 1 September 2026, checked 20 September 2026).

The form is rarely the problem. The problems are legal: whether the notice was drafted and served in a way that actually severed the tenancy, whether the shares should be recorded in a deed of trust, and what the will now needs to say. Those are what people instruct us for. Our severance service covers the whole sequence; this page covers the form.

Doing it yourselfWith Property Law Online
Checking the title is held as joint tenantsYou obtain the register and read the proprietorship entriesWe obtain and read it on day one
Drafting the notice of severanceYour own wording, at your own riskDrafted to satisfy section 36(2) LPA 1925
Proving service on the other ownerYou arrange it and keep the evidenceServed by a method that can be proved, evidence kept on file
Completing and lodging form SEVNo charge to download; you post itCompleted, checked and lodged; regular written updates
Answering a requisitionYou, within HM Land Registry's deadlineUs, usually the same week
Will and deed of trustSeparate instruction elsewhereQuoted and done in the same instruction
CostNo HM Land Registry fee; your timeOne fixed fee, in writing, before you start

What changes once the Form A restriction is on the register?

The restriction reads, in substance, that no disposition by a sole proprietor under which capital money arises is to be registered unless authorised by court order. In practice it means that if one of you dies, the survivor cannot sell alone: a second trustee has to be appointed to receive the sale money, which is how the deceased owner's share is protected for whoever inherits it.

Severance creates shares, and unless a deed of trust says otherwise those shares are presumed equal. It does not change the mortgage, the council tax or who lives there. The comparison of the two ways of owning is in joint tenants or tenants in common.

Why does HM Land Registry reject form SEV?

  • The title is not held as joint tenants

    A Form A restriction already on the register means the beneficial interest is already held in common, so there is nothing for a SEV to add and the application achieves nothing. It does not always mean a severance has happened: the same entry goes on where joint buyers declared a tenancy in common when they bought. We check the register before anything is drafted.

  • No proof the notice was served

    Where one owner applies alone, HM Land Registry needs the notice and evidence it reached the other owner. A signed acknowledgement, or a certificate that the notice was left at or sent by registered post or recorded delivery to their last known address and was not returned undelivered (panel 7, checked 20 September 2026). A bare statement that "notice was given" is returned.

  • Wrong applicant or wrong names

    The names on the form must match the proprietorship register exactly. A married name where the register shows a maiden name means a change-of-name application first. See changing your name on the register.

  • One joint tenant has already died

    A joint tenancy cannot be severed after death; the survivor already owns the whole. The application then is a DJP to remove the deceased owner, not a SEV. A DJP carries no fee under paragraph 6 of Schedule 4 to the Land Registration Fee Order 2024 and needs only a certified copy of the death certificate or of the grant (checked 20 September 2026), and we tell you at the outset.

When do you need form SEV?

Form SEV is for one situation only: co-owners who currently hold as joint tenants and want the register to record that they now hold as tenants in common. The severance itself happens when notice is served under section 36(2) of the Law of Property Act 1925; form SEV is how HM Land Registry is told about it. If nobody is coming on or off the title, this is the right form; if the names are changing, you need a transfer of equity instead.

Couples with children from earlier relationships
As joint tenants the survivor takes the whole house and your will has no effect on it. Severing lets each of you leave your share to your own children, in trust if the survivor is to stay living there.
Separating couples
Serving notice of severance is often the first protective step on separation, so that if one of you dies before the finances are settled, the other does not take everything by survivorship. See transfer of equity after divorce for what follows once the finances are agreed.
Owners who paid unequal deposits
Joint tenants have no shares at all. Severing, with a deed of trust recording who put in what, is how an unequal contribution is protected.
Planning around later-life care
A share that passes under a will rather than to the survivor may be left in trust. It is part of a plan, not a shield: local authority deprivation of assets rules still apply, and we say so plainly. Those rules sit in the Care Act 2014 guidance in England and in the Care and Support (Charging) (Wales) Regulations 2015 in Wales, which are separate regimes (checked 20 September 2026).
Anyone whose first SEV was returned
Applications come back for a missing notice, unproved service or a title that already carries a Form A restriction. We put it right and resubmit.
Not right for
Changing who owns the property, or converting tenants in common back to joint tenants. The first is a transfer; the second needs a different application to cancel the restriction, usually on form RX3.

Do you need form SEV, and who signs it?

Two questions decide whether form SEV is the right application and what evidence HM Land Registry will want with it.

How is the property held now?
Who is applying?

Answer both and we tell you the route.

What does our form SEV service include?

One fixed fee covers the notice, the form and the registration. The will and any deed of trust are quoted alongside it, because a severance without a will simply sends your share down the intestacy rules.

  • Register check

    We obtain the title register and confirm you are joint tenants, no Form A restriction, and that nothing else on the title complicates the application.

  • Notice of severance

    Drafted to satisfy section 36(2) of the Law of Property Act 1925 and served in a way that can be proved, so the severance is effective from the day of service.

  • Form SEV completed

    Every panel filled in, with the right evidence for the way you are applying. Both signing, or one of you with proof of service.

  • Lodged and tracked

    Sent to HM Land Registry, followed up with regular written updates, and any requisition answered by us rather than left with you.

  • Advice on the will

    Severance decides that your share passes under your will; the will decides who gets it. We tell you what needs to be in it, and can prepare a single will or mirror wills alongside.

  • Deed of trust where shares are unequal

    Without one, severed shares are presumed equal. Where they should not be, a deed of trust is quoted with the severance.

How is form SEV completed and lodged?

Four stages. The notice is the legal act; the form is the record of it.

  1. Register checked

    We confirm how the property is held and that no Form A restriction already exists. If one does, you are already tenants in common and we say so.

    Day 1

  2. Notice drafted and served

    Where both owners are applying, the notice is unnecessary. Both sign the form. Where one of you is applying alone, a written notice is served on the other and service recorded.

    Days 2 to 7

  3. Form SEV signed and lodged

    The form goes to HM Land Registry with the notice and proof of service where needed. No HM Land Registry fee is payable for a Form A restriction: Schedule 4 paragraph 13 to the Land Registration Fee Order 2024 exempts it outright, whether it is lodged on its own or alongside something else. Checked 20 September 2026.

    Week 1 to 2

  4. Restriction entered

    The Form A restriction appears in the proprietorship register. We send you the updated register and, if instructed, complete the will and deed of trust in the same period.

    HM Land Registry publishes current processing times; check GOV.UK

How long does form SEV take to register?

The severance itself is effective the day the notice is served, or the day both owners sign the form. HM Land Registry then enters the restriction, and the entry takes effect from the date the application was received. HM Land Registry publishes current processing times; check GOV.UK.

What changes the timescale

  • Whether both owners sign, or notice has to be served on one of them
  • How quickly service can be proved where the other owner does not acknowledge the notice
  • Whether HM Land Registry raises a requisition on the evidence
  • Whether a will or deed of trust is being prepared at the same time
The stagesExample
  1. Register checked
  2. Notice drafted and served
  3. Form SEV signed and lodgedIn progress
  4. Restriction entered
An illustration of how a matter moves through these stages. We tell you when each one is done.

What does severing a joint tenancy cost?

Property Law Online is not yet taking instructions, so there is no fee to quote today. This section explains how the cost of this work is usually made up.

Severance is quoted as one fixed fee before you instruct us, in writing, with our fee shown separately from anything paid to others. Tell us whether both of you are applying and whether you want a will or deed of trust alongside, and we reply by email. No HM Land Registry fee applies to this application, because entering a Form A restriction is exempt under the Land Registration Fee Order 2024 (in force from 9 December 2024) (checked 19 September 2026).

Usually covered by the professional fee

  • Register check
  • Notice of severance drafted and served
  • Form SEV completed and lodged
  • Tracking and any requisition answered
  • Updated register sent to you

Paid to others, passed on at cost

  • HM Land Registry fee, none is payable: an application to enter a Form A restriction is exempt under paragraph 13 of Schedule 4 to the Land Registration Fee Order 2024 (checked 20 September 2026)
  • A will, or mirror wills, quoted separately if you want them
  • A deed of trust recording unequal shares, quoted separately if you need one

What can add to it: a co-owner who must be served at an address abroad, a title that already carries an unexpected entry, or a deed of trust with anything beyond fixed shares. Each is quoted before you instruct, never afterwards.

Frequently asked questions

Can I sever a joint tenancy without my co-owner agreeing?

Yes. Serving a written notice of severance under section 36(2) of the Law of Property Act 1925 is a unilateral act; the other owner's consent is not needed and they cannot refuse it. What you do need is evidence the notice was served, because HM Land Registry will ask for it when only one owner signs form SEV.

What documents do I need for form SEV?

The title number, the full names of all registered owners exactly as the register shows them, an address for service, and, where only one owner applies, the notice of severance with the other owner's signed acknowledgement or a certificate of service. Photo ID may be requested from an unrepresented applicant (Practice Guide 67, updated 1 September 2026).

Does severance mean we own half each?

Not automatically. Severance turns an undivided joint tenancy into shares, and the law presumes those shares are equal unless a deed of trust or other evidence says otherwise. If one of you paid more, a deed of trust recording the actual shares should be signed at the same time.

Is severance the same as a transfer of equity?

No. A transfer of equity changes who is on the title. Severance keeps the same owners and changes only the way they hold. From joint tenants to tenants in common. If you want to do both, the transfer itself can record tenants in common and no SEV is needed.

Can severance be reversed later?

Yes, by agreement. Both owners apply to cancel the Form A restriction and declare that they hold again as joint tenants. It cannot be undone by one owner alone, and it cannot be undone after one of them has died.

What if I sever but never make a will?

Your share passes under the intestacy rules rather than to the survivor automatically. For a married couple that may still mean the spouse, depending on the estate's size; for an unmarried couple it usually means the partner gets nothing from that share. Severance without a will is rarely what anyone intends.

Does HM Land Registry tell my co-owner about the application?

Nothing published says whether HM Land Registry writes to the other registered proprietor about a SEV application, before or after the restriction goes on. Form SEV does not address it and neither do the practice guides, which is worth knowing rather than guessing at (checked 20 September 2026). In practice they will usually already know, because you served the notice of severance on them. What is clear is that their consent is not needed, and objecting to the application does not undo a severance that was validly made.

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