Can an express grant of right of way be made in a deed?
Ontario, Canada
The following excerpt is from Fyfe v. James, 2006 CanLII 2186 (ON SC):
The court notes, however, in the case of Craig v. Craig, discussed in Bratt, supra, that an express grant of right of way in a deed was not dealt with. There, the right of way was created by a parol or oral grant. Indeed, when that case is carefully read it seems to mirror the following propositions found in various texts.
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