Full case name Wheeldon v Burrows Judge sitting Alfred Thesiger | Date decided June 17, 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 Court of Appeal of England and Wales Similar Re Ellenborough Park, Moncrieff v Jamieson, Das v Linden Mews Ltd, Tulk v Moxhay, Hunter v Canary Wharf Ltd | ||
Wheeldon v burrows 1879 12 ch d 31
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.
Contents
Wheeldon v burrows and section 62
Facts
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
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.