An implied Wheeldon v Burrows easement, as extended by Aldridge v Wright to simultaneous transfers from a common vendor, cannot be enforced as a personal equity against the registered proprietor of the putative servient tenement under the Real Property Act 1900 (NSW) where that proprietor has not contributed to the creation of the easement or engaged in unconscionable conduct. Mere knowledge of prior use and of the simultaneous transfer is insufficient. The Court left open whether the reasoning in Williams v State Transit Authority (refusing to recognise in personam enforcement of prescriptive easements) extends to all implied easements under the Torrens system.
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