Wheeldon v Burrows (1879) LR 12 Ch D 31 is an English land law case confirming and governing a means of the implied grant or grants of easements — the implied grant of all continuous and apparent inchoate easements (quasi easements, that is they would be easements if the land were not before transfer in the unity of possession and title) to a transferee of part, unless expressly excluded.
The case consolidated one of the three current methods by which an easement can be acquired by implied grant.
Both types of implied grant are widely excluded in agreements by sellers of part and to some extent other transferors of part, so that the retained land can be developed subject to general and local planning law constraints.
Thesiger LJ held that because the seller had not reserved the right of access to light the windows, no such right was passed to the purchaser of the workshop.
The second proposition is that, if the grantor intends to reserve any right over the tenement granted it is his duty to reserve it expressly in the grant… Both of the general rules which I have mentioned are founded upon a maxim which is as well established by authority as it is consistent with common sense, viz., that a grantor shall not derogate from his grant…