Wheeldon v Burrows [1879]

Provides common law rule for easements implied in
favour of grantee.
Defendant claimed easement of light.
Obiter dictum of Thesiger LJ in this case has been
accepted as correct statement of law:
‘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 (by which … I mean
quasi-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 owner of the entirety for the benefit
of the part granted.’
[Basically, you can’t grant land whilst at the same
time denying the grantee what is obviously necessary for its reasonable