Wheeldon v Burrows [1879]

Wheeldon v Burrows [1879] LR 12 Ch D 31 is a landmark English land law case that established a crucial means for the implied grant of easements. This case plays a significant role in governing the acquisition of easements through implied grant and has been further consolidated by Section 62 of the Law of Property Act 1925.

Mr Tetley owned a piece of land along with a workshop in Derby. The workshop had windows that received light from the land. Mr Tetley sold the workshop to Mr Burrows and the piece of land to Mr Wheeldon. Subsequently, Mrs Wheeldon, the widow of Mr Wheeldon, built on the land, obstructing 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. This led to Mrs Wheeldon bringing an action in trespass.

Thesiger LJ held that since the seller had not expressly reserved the right of access to light the windows, no such right was passed to the purchaser of the workshop. Therefore, the buyer of the land had the right to obstruct the workshop windows with building. However, the judgment also outlined two general rules governing cases of this nature. The first rule stated that when the owner of a piece of land grants a part of that land as it is then used and enjoyed, all continuous and apparent easements (quasi easements) necessary for the reasonable enjoyment of the granted property are passed to the grantee. These easements must have been in use by the owners of the entirety for the benefit of the part granted. The second rule emphasised that if the grantor intends to reserve any right over the tenement granted, it is the grantor's duty to expressly reserve it in the grant. Both of these rules are grounded in the principle that a grantor should not derogate from their grant, a maxim that is well-established by authority and aligns with common sense.

Wheeldon v Burrows is significant as it consolidated one of the three methods by which an easement can be acquired by implied grant. This case law was little altered by subsequent decisions until 1925, after which it was further reinforced by Section 62 of the Law of Property Act. Both the case and the legislation have been crucial in guiding the implied grant of easements and ensuring a balance between the rights of grantors and grantees in land transactions.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, 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
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

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

  • Criminal Law

    Clear and Succinct Definitions

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

  • Property Law

    Statutory Provisions

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

  • Public Law

    Case Summaries

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

  • Evidence

    Rules and Exceptions

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

  • Company Law

    Terminology

    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 Exam Guide

    Law Essay Guide

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

  • Law Exam Guide

    Problem Question Guide

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

  • Conflict of Laws

    Structured Explanations

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

  • Legal System and Method

    Legal Research

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

  • Jurisprudence and Legal Theory

    Exam-focused

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