Rogers v Hosegood [1900] 2 Ch 388

Court: Court of Appeal

Basic Facts: M conveyed land to Z with a covenant that only one dwelling-house could be on the land at any time. M later conveyed adjacent land to Y, who was unaware of this covenant.

Issue for the Court: How can the benefits of a restrictive covenant be transferred to subsequent owners?

Held: The court held that a restrictive covenant could bind successors if it was intended to benefit the land and the benefit was apparent.

Collins LJ:

• A covenant can bind the land if it was intended to do so from the start. If the benefit of the covenant is annexed to one plot and the burden to another, then the benefit and burden can pass to respective assignees, provided the legal estate was acquired with notice of the covenant.

• Once a benefit is annexed to land, it transfers with that land upon its sale, regardless of whether the new owner was aware of the covenant.