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Wheeldon v Burrows

[1879] 12 Ch D 31

Case summary last updated at 08/01/2020 17:44 by the Oxbridge Notes in-house law team.

Judgement for the case Wheeldon v Burrows

X owned 2 plots of land, one of which had a quasi-easement of light over the other. He then sold quasi dominant plot to P after selling the quasi-servient one to D. CA held that P did not have an easement because the servient land had been sold first, NOT subject to any easements, servitudes etc. Had the dominant one been sold first then there would have been an easement. 
 
Thesiger LJ: There are 4 aspects to the rule: Firstly there had to have been a quasi-easement, secondly the dominant land has to have been sold first, thirdly the quasi easement had to have been continuous and apparent, fourthly the easement must be necessary for the reasonable enjoyment of the land. 

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