Freeholds

Question 1

Lloyds Bank v Rosset 1991

Answer 1

Requirements:
1. Common intention. In Lloyds Bank v Rosset [1991] 1 AC 107 the House of Lords drew a distinction between an express common intention and an inferred common intention. An express common intention requires evidence of express discussions between the parties which demonstrates that the property is to be shared beneficially:
HSBC Bank Plc v Dyche [2009] EWHC 2954.In the absence of an express agreement, a common intention may be inferred from the conduct of the parties. In Lloyds Bank v Rosset Lord Bridge was of the opinion that only a substantial contribution to the purchase price would suffice.

2. Detriment