Paper Number: 65
Project: Real Property Reform Project Phase 2 (2012)
The doctrine of implied grant, also known as the rule in Wheeldon v. Burrows, may apply in some circumstances when a landowner transfers part of the land and retains the rest. It allows for implied easements to arise over the land retained so as to allow reasonable use of the transferred portion. The rule has always been considered to be obscure, convoluted and difficult to apply consistently. This report considers whether there is a need to retain the doctrine of implied grant or some version of it in the face of modern-day subdivision control. The report concludes that a modified statutory version of the rule is worth retaining.
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