Wheeldon v Burrows(easement case)

Wheeldon v Burrows
Easements; implied easements
Wheeldon v Burrows (1879) LR 12 Ch D 31 is an English property law case on the implying of grant easements. The case established one of the three current methods by which an easement can be acquired by implied grant, and has effectively been put into statutory force by Section 62 of the Law of Property Act 1925 of England.
Facts
Mr Allen owned a piece of land and a workshop in Derby, which had windows overlooking and receiving light from the first piece of land. He sold the workshop to Mr Wheeldon, and the piece of land to Mr Burrows. Mr Burrows built on the property, and it obstructed light into the workshop, which had only skylights.

Judgement

Thesiger LJ held that because the seller had not reserved the right of access of light to the windows, no such right passed to the purchaser of the workshop. So the buyer of the land could obstruct the workshop windows with building. He said the following.[1]

“ We have had a considerable number of cases cited to us, and out of them I think that two propositions may be stated as what I may call the general rule governing cases of this kind. The first of these rules is that, on the grant by the owner of a tenement of part of that tenement as it is then used and enjoyed, there will pass to the grantee all those continuous and apparent easements (by which of course I mean quasi easements), or, in other words, all those easements which are necessary to the reasonable enjoyment of the property granted, and which have been and are at the time of the grant used by the owners of the entirety for the benefit of the part granted. The second proposition is that, if the grantor intends to reserve any right over the tenement granted it is his duty to reserve it expressly in the grant....
Both of the general rules which I have mentioned are founded upon a maxim which is as well established by authority as it is consistent with common sense, viz., that a grantor shall not derogate from his grant....

Comments

  1. Shamsul Alam19 March 2023 at 12:28

    This comment has been removed by the author.

    ReplyDelete
  2. Shamsul Alam26 March 2023 at 07:39

    Belize Real Estate & most of all Ambergris Caye Real Estate have seen a boom over recent years. Most of the buyers are people looking at living and/or investing overseas. This is seen by the growth in Belize real estate transactions over recent years.

    ReplyDelete

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