Wheeldon v Burrows [1879] 12 Ch D 31

Court: Court of Appeal

Basic Facts: Wheeldon sold land to Burrows, reserving the right to use a path across the sold land. Burrows later blocked the path, claiming Wheeldon had no easement over the land.

Issue for the Court: Do rights of way or other easements pass with land when sold?

Held: The court held that where a piece of land is sold, any easement necessary for its enjoyment will pass automatically unless explicitly excluded.

Lindley LJ:

• An easement will pass with land if it is essential to the use and enjoyment of the property, unless expressly reserved.

• The right must be continuous and apparent, and reasonably necessary for the land's enjoyment.