Is a grant of an easement prima facie also grant such ancillary rights as necessary to its exercise or enjoyment?
British Columbia, Canada
The following excerpt is from Kasch v. Goyan, 1993 CanLII 2291 (BC CA):
9 We were referred again to the principal authority relied on by the chambers judge, namely, the judgment of Mr. Justice Parker in Jones v. Pritchard, (1908) 1 Ch. 630. In that case Mr. Justice Parker said this: ... Once again, the grant of an easement is prima facie also the grant of such ancillary rights as are reasonably necessary to its exercise or enjoyment. That passage was relied on by the chambers judge and is the key to the issues in this appeal.
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