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.

Other Questions


What is the scope of a right of way that was created by an express grant to a servient tenement? (Ontario, Canada)
What is the test for obtaining a grant of right of way for a pedestrian crossing? (Ontario, Canada)
What is the test for determining whether the Minister of Justice was right to grant a conditional discharge in a sexual assault case? (Canada (Federal), Canada)
What is the impact of a panel's decision not to grant a permanent resident's right of appeal against a determination that she failed to meet her residency obligation under section 28 of the Immigration Act? (Canada (Federal), Canada)
Can an easement or right of way be extinguished if there was no express release of the easement? (Ontario, Canada)
In what circumstances will a court grant a right-of-way? (Nova Scotia, Canada)
Is there an express legal grant? (Nova Scotia, Canada)
Is there a right of way for parking on a private property under an express easement? (Ontario, Canada)
Is an easement created by express grant? (Saskatchewan, Canada)
Can a vendor refuse to grant a right of way over any road laid down on the plan? (Ontario, Canada)