Dock claiming easement of support from neighbouring wharf

In Union Lighterage Company v London Graving Dock Company ([1902] 2 Ch 557 CA (Eng)) a dock and neighbouring wharf were in common ownership. The owner, to protect the dock, attached it to the wharf with tie rods that run under the wharf and connected the dock to it. Without this, it was probable that the dock would collapse. The owner sold the wharf to A and, later, sold the dock to B. B’s successor in title claimed an easement entitling him to keep the tie rods in place, either an implied easement of necessity or a prescriptive right. There had been no express reservation on the sale of the dock. The claim failed. There was no implied reservation because (following the second limb of Wheeldon v Burrows) this would amount to a derogation from grant. This was not one of the exceptions to this rule (there was no necessity).  There was no prescriptive right because the tie rods were not observable, they were clam (secret).


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