Wheeldon v Burrows

From Wikipedia, the free encyclopedia
Jump to: navigation, search
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 on the implying of grant easements. The case established one of the three current methods by which an easement can be acquired by implied grant, and has effectively been put into statutory force by section 62 of the Law of Property Act 1925.

Facts[edit]

Mr Allen 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[edit]

Thesiger LJ 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. He said the following.[1]

See also[edit]

Notes[edit]

  1. ^ (1879) LR 12 Ch D 31, 49