Your Cart

Borman v Griffith [1930]

Borman v Griffith [1930] 1 Ch 493 is a significant case in English property law, particularly regarding the implication of easements under the rule in Wheeldon v Burrows.

The case involved a lease agreement between the tenant and the landlord for a lodge situated within a park. While there was existing access to the lodge via a rear track, the tenant sought a right of way over the main driveway, which was essential for accommodating the heavy vehicles involved in the tenant's poultry business.

In the High Court, Maugham J considered whether an easement could be impliedly granted to the tenant alongside the lease under the rule established in Wheeldon v Burrows. He emphasised that if an obvious and made road is necessary for the reasonable enjoyment of the property by the grantee, it must be presumed that the grantor intended to grant a right to use it. This principle reflects the rationale behind the rule in Wheeldon, which allows for the implication of easements necessary for the reasonable enjoyment of the property.

Maugham J held that an easement was impliedly granted by the defendant to the tenant under the rule in Wheeldon. He highlighted that the grant of easement could be excluded by the terms of the contract, indicating that the intention of the parties and the necessity of the easement were crucial factors in determining its implication.

This case reaffirmed the principle that a secondary right of way, such as access to a main driveway, must provide more than mere convenience; it must offer an additional practical advantage necessary for the reasonable enjoyment of the property to be implied under the rule in Wheeldon.

Check out our exam-focused Property Law notes now.

Subscribe to UOL Case Bank for more exclusive content and case summaries.

Trusted by thousands of law students worldwide

Where are our students from?

Yale University

Council of Europe

Baker Mckenzie 

University of Chicago

Columbia University

New York University

University of Michigan 


University College London (UCL)

London School of Economics (LSE)

King’s College London (KCL)

University of London

University of Manchester

University of Zurich

University of York

Brandeis University

University of Exeter

University of Sheffield

Boston University

University of Washington

University of Leeds

University of Law

Royal Holloway, University of London 

Birkbeck, University of London

SOAS, University of London

University of Kent

University of Hull

Queen’s University Belfast

Toronto Metropolitan University

Hong Kong University of Science and Technology

University of Buckingham

Your perfect companion for open-book and closed-book exams

Diagrams and Charts

Our carefully designed diagrams and charts will guide you through complex legal issues.

Clear and Succinct Definitions

Key concepts are concisely defined to help you understand legal topics quickly.

Statutory Provisions

Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

Case Summaries

We have summarised important cases for you so that you don't need to read long and boring cases.

Rules and Exceptions

Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.


Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

Case Law

Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

Law Essay Guide

You will learn essential law exam skills and essay writing techniques that are not taught in class.

Problem Question Guide

We will show you how to answer problem questions step by step to achieve first-class results.

Structured Explanations

Complex legal concepts are broken down into concise and digestible bullet point explanations.

Legal Research

You will learn legal research techniques with our study guide and become a proficient legal researcher.


All essential concepts, principles, and case law are included so that you can answer exam questions quickly.