Wheeldon v Burrows (1879)
- A workshop and adjacent piece of land in Derby were both owner and occupied by one person, Mr Allen
- The workshop was sold to Mr Burrows
- The adjacent land was then sold to Mr Wheeldon
- Mr Wheeldon died, and his widow (Mrs Wheeldon) started building on the land
- Mr Burrows dismantled the widow’s building, claiming that it was in violation of his right to light passing through Mrs Wheeldon’s land
- Was there an easement granted over Mrs Wheeldon’s land in favour of Mr Burrows; could this prevent an action for trespass?
- No easement was impliedly granted, successful trespass action
- It is a general rule that when land is divided and sold, any rights over the land sold should be expressly reserved
- Under what is now known as the rule in Wheeldon v Burrows (1879), whenever part of land with no previous diversity of occupation is sold: all easements which are continuous and apparent, necessary for the reasonable enjoyment of sold land and in actual use will pass with that (now dominant land)
- This test was not satisfied, so the general rule was held to apply and Mrs Wheeldon was entitled to build upon her land
Posted in Land Law Revision Notes.
This page was last updated on 26th April 2015