R.P.C. Holdings Ltd v Rogers
| Jurisdiction | England & Wales |
| Date | 1953 |
| Year | 1953 |
| Court | Chancery Division |
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16 cases
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Cargill v Gotts
... ... James (1867) LH 2CP 311 at 580 and applied in RPC Holdings Limited v. Rogers (1953) 1 AER 1029 ... The principle is that "when a right of way to a ... ...
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Mills and Another v Silver and Others
...as the course of pleading followed by the plaintiffs was that approved by Harman J, on the then Rules of the Supreme Court, in R.P.C. Holdings Ltd. v. Rogers [1953] 1 All ER 1029 at 1036 4What is left therefore is a claim by the appellants to a private right of way by prescription with veh......
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Loose v Lynn Shellfish Ltd
...period when it was not enjoyed) would suffice to establish a prescriptive right — see eg Aynsley v Glover (1875) 10 ChApp 1023 and RCP Holdings Ltd v Rogers [1953] 1 A11ER 1029. However, such a claim could be defeated where it could be proved that the origin of the enjoyment must have been ......
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Barton v Church Commissioners for England
...prescription at common law, the position in relation to gaps in the enjoyment and user is described in the judgment of Harman J in RPC Holdings Ltd v Rogers [1953] 1 All ER 1029 at 1031–1032. Where the court is asked to infer an immemorial user from evidence going back as far as living memo......
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2 firm's commentaries
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Don't Lose Your Way! 3 Misunderstood Aspects Of The Law Of Rights Of Way
...Where a right of way is acquired by user, the extent of the grant must be measured by the extent of the user. RPC Holdings v Rogers [1953] 1 All E.R. 1029; right way over golf course to plaintiff's field; right had been used for agricultural purposes but intended use was for access to camps......
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Don't Lose Your Way! 3 Misunderstood Aspects Of The Law Of Rights Of Way
...Where a right of way is acquired by user, the extent of the grant must be measured by the extent of the user. RPC Holdings v Rogers [1953] 1 All E.R. 1029; right way over golf course to plaintiff's field; right had been used for agricultural purposes but intended use was for access to camps......
1 books & journal articles
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Scope of Enjoyment of Easements and Profits à Prendre
...part of a dominant tenement consisting of residential and warehouse property was 4 [2005] 1 P & CR 520 at [79]. 5 (1875) 1 Ch D 362. 6 [1953] 1 All ER 1029. 7 [1907] 1 Ch 208. converted into an underground railway station. Again, this new use had resulted in a substantial increase in the bu......