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: 02 February 2017
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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

Christopher Snell
Christopher Snell

New Square Chambers

Advice and representation in all areas of commercial and chancery litigation.

Instructed on behalf of both retail and investment banks [including BNY Mellon; HSBC; Royal Bank of Scotland] in relation to a variety of commercial issues.

Retained in relation to a wide range of international disputes; including disputes in the Bahamas; Isle of Man; BVI and Kuwait.

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United Kingdom

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