What is the ratio in Wheeldon v Burrows?

On the sale of part of land, easements are impliedly granted if they are continuous and apparent, necessary for reasonable enjoyment, and were actually used by the common owner for the benefit of the part sold.

What did the court decide in Wheeldon v Burrows?

The Court of Appeal held that the purchaser was entitled to the implied grant of easements over the seller's retained land, preventing the seller from blocking established rights.

Why is Wheeldon v Burrows important for land law?

It established the fundamental English rule for implied easements on land subdivision, ensuring purchasers receive necessary rights that were obviously being enjoyed before the sale.

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