An estate containing not an easement, but what could become easements, rights of way for example, on a transfer of part (severance) pursuant to the rule in Wheeldon v Burrows.
Court
Court of Appeal
Full case name
Wheeldon v Burrows
Decided
17 June 1879
Citation(s)
(1879) LR 12 Ch D 31; [1874-90] All ER Rep. 669; (1879) 48 LJ Ch 853; (1879) 41 LT 327
Court membership
Judge(s) sitting
Thesiger LJ
Keywords
Easements; implied easements
Wheeldon v Burrows (1879) LR 12 Ch D 31 is an English land law case confirming and governing a means of the implied grant or grants of easements — the implied grant of all continuous and apparent inchoate easements (quasi easements, that is they would be easements if the land were not before transfer in the unity of possession and title) to a transferee of part, unless expressly excluded. The case consolidated one of the three current methods by which an easement can be acquired by implied grant.
It was little altered by subsequent case law by 1925 but has been further consolidated by section 62 of the Law of Property Act 1925. Both types of implied grant are widely excluded in agreements by sellers of part and to some extent other transferors of part, so that the retained land can be developed subject to general and local planning law constraints.
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WheeldonvBurrows (1879) LR 12 Ch D 31 is an English land law case confirming and governing a means of the implied grant or grants of easements — the...
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