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Subscribe to my personal channel for videos on how to study law effectively & efficiently: / @heygarethevans The case of Wheeldon v Burrows establishes that when X conveys (i.e. sells or leases) part of their land to Y, an easement benefiting the land transferred to Y and burdening the part retained by X will be implied into the conveyance provided that:
i. Before the transfer there was a quasi-easement over the retained part in favour of the transferred part;
ii. At the time of the transfer, this quasi-easement was ‘continuous and apparent’
iii. It is ‘necessary for the reasonable enjoyment’ of the transferred part that Y has an easement in the shape of the earlier quasi-easement
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SEE MY VIDEO ON EXPRESS AND IMPLIED EASEMENTS ➡️
• Express and Implied Ea...
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