''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
easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a propert ...
s — 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 unity of possession and title) to a transferree 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.
Facts
Mr Tetley 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 Burrows, and the piece of land to Mr Wheeldon. Mr Wheeldon's widow (Mrs Wheeldon, the plaintiff) built on the piece of land, and it obstructed the windows of Mr Burrows' workshop. In response, Mr Burrows dismantled Mrs Wheeldon's construction, asserting an easement over the light passing through Wheeldon's lot. Mrs Wheeldon brought an action in trespass.
Judgment
Thesiger LJ
Alfred Henry Thesiger PC QC (15 July 1838 – 20 October 1880), styled The Hon. Alfred Thesiger from 1858 to 1877 and The Rt Hon. Lord Justice Thesiger from 1877, was a British lawyer and judge.
Early life
Thesiger was the third son of Lord Chan ...
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. However the principles governing the area of law where are referred to said the following.
[(1879) LR 12 Ch D 31, 49]
See also
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English land law
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Easements in English law
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications ...
Notes
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English property case law
1879 in British law
English land case law
Court of Appeal (England and Wales) cases
1879 in case law