Is an easement granted to "grantees, their heirs and assigns and their servants, customers and workmen" limited to the licensees of the grantees?

British Columbia, Canada


The following excerpt is from Stasiuk v. West Kootenay Power Ltd., 1999 CanLII 6256 (BC SC):

In Hammond v. Prentice Brothers, Limited [1920] 1 Ch. 201, it was concluded that an easement granted to the "grantees, their heirs and assigns and their servants, customers and workmen, and the tenants and occupiers of the dominant tenement" extended to licensees of the grantees and was not limited to the classes of persons specifically listed. In his judgment Eve J. wrote at p.216: Parties may, of course, so frame the grant as to demonstrate their intention that it be limited in its application to particular objects, but when the grant is in general terms, and there are no circumstances subsisting at the date of the grant and nothing in the grant itself is sufficient to point in the opposite direction, I think the proper inference is that the added words are not intended to be read as exhaustive, but rather as illustrative of the individuals or classes of individuals entitled to use the way.

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