California, United States of America
The following excerpt is from Marin County Hospital Dist. v. Cicurel, 154 Cal.App.2d 294, 316 P.2d 32 (Cal. App. 1957):
Generally speaking, one of the elements required to create a grant by implication is that before separation of the title the use that gives rise to the easement shall be so long continued and be so obvious as to show that it was meant to be permanent. Orr v. Kirk, 100 Cal.App.2d 678, 224 P.2d 71; cases collected 17 Cal.Jur.2d 109, 14. This requirement did not exist at the time of the Manlove-Aiken grant. The [154 Cal.App.2d 303] right granted then was to have a roadway constructed at some indefinite time in the future upon request of the grantee. There was no existing use involved.
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