What is the legal test for establishing an easement by way of implied grant?

With respect, I agree with the appellants that the judge erred in his formulation of the legal test for establishing an easement by way of implied grant. As discussed above, this case deals with a Wheeldon v. Burrows easement and requires the appellant to establish that there was (1) continuous and apparent use of the grantor’s land for the benefit of the grantee’s land, (2) that was necessary for the reasonable enjoyment of the grantee’s land, and (3) that was exercised by the grantor at the time of the original derogation of the land to the grantee.