What is implied grant and what is implied easement?

This appeal raises issues concerning the application of the doctrine of implied grant or alternatively the doctrine of implied easement of apparent accommodation or convenience, both of which are also known as the rule in Wheeldon v. Burrows (1879), 12 Ch. D. 31 (Eng. C.A.). These historic common law doctrines are a corollary to the overarching doctrine of non-derogation from grant, which provides that “the previous owner is prevented from asserting any interest or rights in the land transferred to the new owner beyond what the previous owner expressly reserves in the terms of the transfer.” See British Columbia Law Institute in its “Report on The Doctrine of Implied Grant: the rule in Wheeldon v. Burrows, Report No. 65 (Vancouver: B.C.L.I., 2012) [the “BCLI Report”] at ix. While “convoluted and obscure”, they continue to be relevant to certain modern day real property dispositions.