secondary rule for establishing how property is held
One of the first formality rules relates to the four unities and whether they are present
the second relates to s.1(6) and identifying, at law, that the property can only be held legally as JTs
The third part relates to s.36(2) LPA 1925:
'No severance of a JT of the legal estate, so as to create a tenancy in common of land, shall be permissible, whether by operation of law or otherwise...'
This essentially says that even if there is severance between the parties of a JT, the legal estate is never severed, only the interest in equity :!: This means that even if severance occurs, this is only ever in equity, so the co-owners would continue as legal JT's owning the whole