Implied easements—common law


Published by a UUÂãÁÄÖ±²¥ Property expert
Practice notes

Implied easements—common law


Published by a UUÂãÁÄÖ±²¥ Property expert

Practice notes
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There are three different ways by which an easement can be implied at Common law:

  1. •

    necessity

  2. •

    intended use

  3. •

    the rule in Wheeldon v Burrows

Easements may also be implied by statute under section 62 of the Law of Property Act 1925 (LPA 1925), see Practice Note: Easements—LPA 1925, s 62 and permissions.

The implied grant of an easement at common law arises out of an express grant or disposition of the servient or dominant tenement (or the simultaneous disposition of both). An easement can only be implied where both the dominant and servient tenements have been in common Ownership. An implied easement can arise on the grant of a lease, but it is limited to the actual continuance of the lease.

The right claimed must be capable of forming the subject matter of an easement. For more information see Practice Note: Easements—nature and characteristics.

Implied ‘reservation’

Strictly speaking ‘reservation’ is an inaccurate description. In theory, an easement cannot be the subject matter of a reservation as it does not issue out of the servient land

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Common law definition
What does Common law mean?

Common law is case law (decisions from courts and tribunals). Case law has also established and developed many principles of law and equity not covered by legislation. Case law is therefore a key source of primary law.

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