157:
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…
31:
124:— 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.
156:
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
151:
held that because the seller had not reserved the right of access to light the windows, no such right was 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
139:
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
131:. 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.
140:
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.
220:
205:
215:
35:
An estate containing not an easement, but what could become easements, rights of way for example, on a transfer of part (
210:
225:
172:
128:
121:
127:
It was little altered by subsequent case law by 1925 but has been further consolidated by section 62 of the
30:
167:
117:
36:
52:
199:
148:
93:
80:(1879) LR 12 Ch D 31; All ER Rep. 669; (1879) 48 LJ Ch 853; (1879) 41 LT 327
120:
case confirming and governing a means of the implied grant or grants of
99:
89:
84:
76:
68:
58:
48:
23:
154:
8:
29:
20:
221:Court of Appeal (England and Wales) cases
183:
7:
14:
1:
105:Easements; implied easements
116:(1879) LR 12 Ch D 31 is an
242:
39:) pursuant to the rule in
16:1879 English land law case
206:English property case law
104:
28:
190:(1879) LR 12 Ch D 31, 49
173:Easements in English law
129:Law of Property Act 1925
159:
216:English land case law
211:1879 in British law
63:Wheeldon v Burrows
113:Wheeldon v Burrows
41:Wheeldon v Burrows
24:Wheeldon v Burrows
109:
108:
233:
226:1879 in case law
191:
188:
168:English land law
118:English land law
85:Court membership
33:
21:
241:
240:
236:
235:
234:
232:
231:
230:
196:
195:
194:
189:
185:
181:
164:
152:the following.
146:
137:
53:Court of Appeal
44:
17:
12:
11:
5:
239:
237:
229:
228:
223:
218:
213:
208:
198:
197:
193:
192:
182:
180:
177:
176:
175:
170:
163:
160:
145:
142:
136:
133:
107:
106:
102:
101:
97:
96:
91:
87:
86:
82:
81:
78:
74:
73:
70:
66:
65:
60:
59:Full case name
56:
55:
50:
46:
45:
34:
26:
25:
15:
13:
10:
9:
6:
4:
3:
2:
238:
227:
224:
222:
219:
217:
214:
212:
209:
207:
204:
203:
201:
187:
184:
178:
174:
171:
169:
166:
165:
161:
158:
153:
150:
143:
141:
134:
132:
130:
125:
123:
119:
115:
114:
103:
98:
95:
92:
90:Judge sitting
88:
83:
79:
75:
71:
67:
64:
61:
57:
54:
51:
47:
42:
38:
32:
27:
22:
19:
186:
155:
147:
138:
126:
112:
111:
110:
72:17 June 1879
62:
40:
18:
149:Thesiger LJ
94:Thesiger LJ
200:Categories
122:easements
37:severance
162:See also
144:Judgment
100:Keywords
77:Citation
69:Decided
179:Notes
135:Facts
49:Court
202::
43:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.