Jurisdiction(s):
United Kingdom

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Key definition

Common law definition

What does Common law mean? In practice, common law means judge‑made rules developed through case law and applied by courts when resolving disputes, filling gaps where no statute applies, and guiding statutory interpretation. It is not defined by legislation; it is a descriptive label for principles articulated in judicial decisions and followed under the doctrine of precedent (stare decisis). Key features include incremental development, binding effect according to the court hierarchy, and availability of judge‑made remedies. It encompasses both common law and (in England & Wales, Northern Ireland and Ireland) equitable doctrines, such as fiduciary duties, trusts and injunctions. In Scotland, the mixed system uses...

Implied easements at common law in England and Wales: necessity, common intention, Wheeldon v Burrows; grants and reservations, mortgagees, standard conditions, registration and reform

Published by a LexisNexis Property expert

Practice notes

There are three different ways by which the creation of an easement can be implied at Common law:

necessity
intended use
the rule in Wheeldon v Burrows

Be aware that easements may likewise also be implied by statute under section 62 of the Law of Property Act 1925 (LPA 1925); for additional guidance, see Practice Note: Easements—LPA 1925, s 62 and permissions.

An implied grant at common law stems from an express disposal of either the servient or the dominant tenement (or a contemporaneous disposition of both). Such implications only arise where the dominant and servient tenements were formerly held in common Ownership.

An implied easement can also arise on the grant of a lease in the same circumstances as on a transfer or conveyance; however, its duration is confined to the period for which the lease actually subsists.

For simplicity, the discussion that follows in the remainder of this Practice Note will consider only a sale scenario. The right asserted must be capable of constituting the subject matter of an easement. For further guidance, see Practice Note: Easements—nature and characteristics...

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Web page updated on 21/05/2026

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