Under Wheeldon v Burrows, which rights are automatically granted by law to the buyer of land retained by the seller?

• A. Express covenants created during sale
• B. Rights to light
• C. The property must be bound by implied easements
• D. Implied easements

Answer: (D)

The concept being tested is that, under Wheeldon v Burrows, when a seller retains some land and conveys part of the same land, rights that are needed for the reasonable enjoyment of the land sold are automatically transferred as easements by law. These are implied easements, not something you grant in express terms. The crucial test is that the use was continuous, apparent, and used for the benefit of the land sold at the time of the conveyance, and it must be reasonably necessary for that land’s enjoyment.

So, the buyer benefits from implied easements across the seller’s retained land, even without an explicit grant, as long as those conditions are met. This goes beyond a specific “right to light” and covers the general category of rights that are necessary for the use of the land sold (for example, access, drainage, or other services that were used by both parts of the land).