Rogers v Hosegood
Jurisdiction | England & Wales |
Date | 1900 |
Year | 1900 |
Court | Court of Appeal |
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46 cases
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Gumland Property Holdings Pty Ltd v Duffy Bros Fruit Market (Campbelltown) Pty Ltd and Others
...have ‘reference to the subject-matter’ of the lease — it did not touch and concern the land. The Lessee referred to the test stated in Rogers v Hosegood57: ‘[T]he covenant must either affect the land as regards mode of occupation, or it must be such as per se, and not merely from collateral......
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Jackson way Properties Ltd v Smith and Others
...of the judgment in Renals in subsequent decisions including the House of Lords in Spicer v Martin (1888) 14 App. Cas. 12 HL at 24, Rogers v Hosegood [1900] 2 Ch. 388 (at 396) (Farwell J.) and Miles v Easter [1933] Ch. 611 (at 628) (a decision of the English Court of Appeal), the judge not......
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89 Holland Park (Management) Ltd and Others v MS Sophie Louise Hicks
...v. Combined English Stores Group Plc [1989] 1 AC 632 at pp 640–642. Lord Oliver referred there to the test adopted by Farwell J in Rogers v. Hosegood [1900] 2 Ch 388, 395: "The covenant must either affect the land as regards mode of occupation, or it must be such as per se, and not merely f......
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Bath Rugby Ltd v Caroline Greenwood
...requirements for annexation of the benefit of a restrictive covenant to certain land were set out by Farwell J in the leading case of Rogers v Hosegood [1900] 2 Ch 338, and his decision was affirmed by the Court of Appeal. In that case Cubitt & Co, the well-known building firm, owned land t......
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6 books & journal articles
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Covenanting for Nature: A Comparative Study of the Utility and Potential of Conservation Covenants
...1.1.4Tul k vMoxhay (1848) 41 ER 1143; Rhone vStephens [1994] 2 AC 310.5Mayor of Congleton vPattison (1808) 103 ER 725; Rogers vHosegood [1900] 2 Ch 388; P&A SwiftInvestments vCombine English Stores Group Plc [1989] AC 632.374 C2020 The Authors. The Modern Law Review C2020 The Moder n LawR......
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Table of Cases
...ER 503, (1984) 47 P & CR 27, ChD 158 Roberts v Lawton [2016] UKUT 395 (TCC), [2017] 1 P & CR 3, [2016] 9 WLUK 1 37–38 Rogers v Hosegood [1900] 2 Ch 388, [1900–03] All ER Rep 915, CA; [1900] 2 Ch 388, HC 111, 159–160 Rosher, Re (1884) 26 Ch D 801, 53 LJ Ch 722, [1881–5] All ER Rep Ext 1301, ......
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Enforceability of the Burden of a Freehold Covenant
...circumstances 27 (but not merely from the surrounding circumstances); 28 once annexed the covenant will run with 24 Rogers v Hosegood [1900] 2 Ch 388 (where the court made an injunction against a successor of the covenantor to prevent the erection of a block of flats in circumstances where ......
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Enlargement of Long Terms
...equitable estates are regarded as land, so covenants, which operate in equity not at common law, can benefit them. 19 Rogers v Hosegood [1900] 2 Ch 388; Re Ballard’s Conveyance [1937] Ch 473 at 480; LPA 1925, s 78. 20 In LPA 1925, s 1(5) the reference may be to s 205(1)(x) and to leaseholds......
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