Is there any case law where a grant is granted out of the implication of necessity?
Nova Scotia, Canada
The following excerpt is from B.O.J. Properties Ltd. v. Allen's Mobile Home Park Ltd., 1979 CanLII 2583 (NS CA):
Support for this theory is found in Holmes v. Goring (1824), 2 Bing. 76 at p. 84, 130 E.R. 233 at p. 237. Lord Best said: A grant, therefore, arising out of the implication of necessity, cannot be carried farther than the necessity of the case requires, and this principle consists with all the cases which have been decided.
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