The rule of Wheeldon v Burrows
Based on this case,certain requirements need to be satisfied which include :
The rights must be continuous and apparent which means that it must be discoverable on careful inspection and enjoyed over a substantial time period.
The rights must be reasonably necessary for the enjoyment of the land.
The rights must be in used at the time of sale.
The rule in Wheeldon v Burrow stated where an X landowner divided his land into 2 plots of land and sells one part over which he has enjoyed a right but retaining one part for himself the purchase Y of the retaining land may acquire those rights over the retained land.
The significant of easement arising under Wheeldon v Burrow  is the fact that it is a legal easement. Besides that it converts quasi easement into easement. Quasi easements are easements which are enjoyed by the landowner over his own land. The rights are converted by implied grant on the property's division.
Quasi easements can become true easement under the rule of Wheeldon v Burrows  but it is different under the view in the case of Re Ellenborough Park  where the landowner cannot enjoy an easement over his own land.
However, the law is inconclusive regarding the aspect of continuous, apparent and for reasonable enjoyment of the property.
In Wheeler v JJ Saunders ltd , the claimant fail as the rights was not necessarily reasonable for the enjoyment of the property.
Millman v Ellis [ 1996] also failed. However, in Hillman v Rogers [ 1998] rights could still be claimed under the rule of Wheeldon v Burrows  although it was not necessary reasonable for the enjoyment of the property.