Our offices are open as usual over the Easter break

Rogers v Hosegood [1900]

304 words (1 pages) Case Summary in Cases

12/10/18 Cases Reference this

Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.

Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of UK Essays.

If you would like to view samples of the work produced by our academic writers please click here.

Rogers v Hosegood [1900] 2 Ch 388

Property law – Restrictive covenant running with the land

Facts

The owners of land conveyed a plot to a purchaser on the basis that no more than one dwelling should be erected at any one time. Further to this, it was agreed that the dwelling that stood should be for private residence only. The covenant was in place to bind the purchaser as well as future owners of the land. Shortly after the conveyance of the property, the mortgagor conveyed a different plot of land to another purchaser who had no knowledge of the covenant on the first plot of land. The second purchaser built a house upon the land. The defendant purchased the land from the second purchaser’s trustees after death and began building work to build a block of residential flats on the land. The plaintiff’s trustees, by power provided from the plaintiff’s will, brought an action to enforce the restrictive covenant.

Issue

There were two important issues for the court to consider in this case. The first was whether the covenant could run with the land, after the death of the original parties who had agreed on the covenants on the properties. If this could be established, the second issue to consider was whether the construction of a block of residential flats could breach the covenant that the plaintiffs were trying to enforce.

Held

The court found that the plaintiff trustee could enforce the restrictive covenant on the basis that the benefit of the covenant had transferred with the land. The court subsequently found that the construction of a large block of flats would have breached the restrictive covenant in question.

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.

Ready to get started?