What Is Severalty? Meaning, Real Estate Context, and Legal Use Explained

The term severalty may sound uncommon, but it plays a crucial role in legal, land ownership, and property contexts. Whether you’re a real estate investor, a student of law, or simply curious about ownership terms, understanding what severalty means is essential.

In this guide, we’ll define severalty, explain its relevance in property law, and break down how it differs from other types of ownership like joint tenancy or tenancy in common.

What Does “Severalty” Mean?

Severalty refers to sole ownership of property by a single individual or legal entity. When a property is held in severalty, only one party owns the title and has complete control over the property—free from the interests or rights of others.

Definition (Legal/Real Estate):

“Ownership held by a single person or legal entity, having complete and exclusive rights to the property.”

Severalty in Real Estate

In real estate, ownership in severalty is one of the most basic and unrestricted forms of holding title. This type of ownership gives the owner full control over the property and the right to transfer, lease, sell, or will the property without needing consent from others.

Characteristics of Real Estate Severalty:

Sole control and responsibility
No co-owners or shared interest
Simplified transfer and legal documentation
Often used by individuals, corporations, or trusts

Legal Use of Severalty

In legal terms, severalty can also appear in broader ownership scenarios involving severance of joint interests. The term is rooted in English common law and has historically been used in contexts such as:

Land ownership following tribal allotments (e.g., Native American land policies)
Division of estates or properties after dissolution of partnerships
Partition of property when co-owners decide to take separate titles

Severalty vs. Joint Ownership Types

Ownership Type	Number of Owners	Right of Survivorship	Transfer Restrictions
Severalty	One	No	None
Joint Tenancy	Two or more	Yes	Requires mutual consent
Tenancy in Common	Two or more	No	Can be sold separately
Tenancy by Entirety	Two (spouses)	Yes	Limited by marital laws

Historical Reference: Dawes Act & Land in Severalty

The term “severalty” gained significance during the late 19th century under U.S. policies like the Dawes Act (1887), where communal tribal lands were divided and allocated to Native Americans in severalty—meaning each person was given individual title to a parcel of land.

This had lasting impacts on Native American land tenure and has legal significance in property law and historical studies.

Who Uses Severalty Today?

Severalty ownership is commonly used by:

Single property owners
LLCs or corporations
Trusts or estates
Real estate investors who want full autonomy

It’s ideal for those who want control without joint decision-making complications.

Pros and Cons of Severalty

Pros:

Full control over decisions
Simplified transactions
No disputes with co-owners

Cons:

Full liability on one person
No shared responsibility
Potential estate complications without proper will/trust

Conclusion

Severalty may be a lesser-known term, but it represents one of the most straightforward forms of ownership. If you’re looking to own property solely or are studying real estate law, understanding the concept of ownership in severalty is foundational.

Whether you’re managing land, investing, or navigating property inheritance, this term continues to hold significant legal and practical value.