Is an implied easement an implied right over a parcel of land?
British Columbia, Canada
The following excerpt is from Babine Invest. et al v. Pr.Geo.Shopping Centre et al, 2000 BCSC 1207 (CanLII):
An implied easement may also arise from the doctrine of apparent convenience or accommodation described in Wheeldon v. Burrows (1879), 12 Ch. D. 31 at 49: The first of these rules is, that on the grant by the owner of a tenement of part of that tenement as it is then used and enjoyed, there will pass to the grantee all those continuous and apparent easements (by which, of course, I mean quasi easements), or, in other words, all those easements which are necessary to the reasonable enjoyment of the property granted, and which have been and are at the time of the grant used by the owners of the entirety for the benefit of the part granted.
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