Q&As

Does the principle held in Wheeldon v Burrows apply retrospectively?

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Produced in partnership with Christopher Snell of New Square Chambers
Published on LexisPSL on 02/02/2017

The following Property Q&A produced in partnership with Christopher Snell of New Square Chambers provides comprehensive and up to date legal information covering:

  • Does the principle held in Wheeldon v Burrows apply retrospectively?
  • Retrospective application

Does the principle held in Wheeldon v Burrows apply retrospectively?

The rule in Wheeldon v Burrows concerns the creation of easements. The rule lays down the principle that:

'…on the grant by the owner of a tenement of part of that tenement as it is then used and enjoyed, there will pass to the grantee all those continuous and apparent 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.'

Put more simply, when one landowner sells off part of his land and retains a part, the conveyance implies a grant of all the continuous and apparent easements over the retained land necessary for the reasonable enjoyment of the land sold.

As will be clear from the above, only easements that are continuous or apparent can be created pursuant to the rule in Wheeldon v Burrows.

A continuous

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