Wheeldon v Burrows
| Jurisdiction | England & Wales |
| Judgment Date | 1878 |
| Date | 1878 |
| Court | Court of Appeal |
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147 cases
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Ashworth Williams Claimant v Royston Andrew Defendant [ECSC]
...has alternative access, albeit difficult access. This is not a case of implied grant of access as in the case of Wheeldon v Burroughs (1878) 12 CHD 3. Here the claimant says that he had alternative access and began using the access over the defendant's land because it was safer and more con......
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MCST Plan No 549 v Chew Eu Hock Construction Co Pte Ltd
......The learned trial judge answered in the affirmative. He found that the facts presented a paradigm case for the operation of the rule in Wheeldon v Burrows [1879] 12 Ch D 31 . The development plan approved in 1973 depicted the said driveway. This was repeated in the 1980 subdivision plan ......
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J &O Operators Ltd, Beverley Wong, Eloise Mulligan and Grace Wong v Kingston & St. Andrew Corporation
...right of was by the Plaintiffs Plaintiffs' attorney says, in the alternative, that the Plaintiffs are entitled to rely upon the rule in Wheeldon v Burrows [1878] 12 Ch. D. 31, to establish the grant of an easement of way The principles underlying this rule were set out in the dicta of Thesi......
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3 books & journal articles
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Creation of Easements and Profits
...common intention of the parties on a transfer of land. 10 [2005] EWCA Civ 2006, [2006] 1 P & CR 27 at [28], per Neuberger LJ. 11 (1879) 12 Ch D 31; Borman v Griffith [1930] 1 Ch 493 at 499. 12 Moncrieff v Jamieson [2007] UKHL 42, [2008] 4 All ER 752 at [113], per Lord Neuberger. granted. Th......
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The future of prescriptive easements in Australia and England.
...of Land Law, above n 2, 671-4; Gaunt and Morgan, above n 6, 149-54. (67) Gray and Gray, Elements of Land Law, above n 2, 678. (68) (1879) 12 Ch D 31. Under this principle an implied easement arises when a grantor owns two parcels of land and uses one of those parcels (the quasi-servient par......
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The nature of Torrens indefeasibility: understanding the limits of personal equities.
...Property Trust v Scots Church Development Ltd (2007) 64 ACSR 31, 40-4 (Young CJ in Eq). (23) (2006) 68 NSWLR 229, 245 (Tobias JA). (24) (1879) 12 Ch D 31. (25) See below nn 178-81 and accompanying (26) Bruce Ziff, Principles of Property Law (4th ed, 2006) 453. (27) See, eg, Butt, Land Law, ......