One who grants a thing is presumed to grant also whatever is essential to its use.

Explanation

A grant of land surrounded by the grantor's other land implies a right of way over that land. A corporate charter implies the power to make by-laws. Whatever is necessary to enjoy what was granted is considered granted as well.

Where this applies

• A developer grants a homebuyer a lot in the middle of the developer's larger parcel, and the grant implicitly includes a right of way across the developer's land to reach the public road.
• A franchisor grants a franchisee the right to operate a branded restaurant, and the grant necessarily includes the right to use the brand's proprietary recipes, signage, and marketing materials.
• A state grants a water utility the right to serve a county, and the grant impliedly includes the power to lay pipes under public roads because the utility cannot function without them.