[2007] EWCA Civ 821;CA (CivDiv) 17 July 2007. B/5/2006/0182; B5/2006/0182(B). Property professionals need to give careful consideration to the particular circumstances under which real property is used not only the explicit wording or drafting suitable clauses in legal documentation. Easements may be implicit depending on the particular circumstances. Case involved whether or not a right of way across the forecourt had been granted to another garage owner in a conveyance to give effect to the common intention of the parties regarding the manner or purposes of use for which land was granted or retained. The appellant garage owner (Davies) appealed against a decision that the respondent garage owners (Bramwell and others) had a right of way over land belonging to her after part of her land had been conveyed to another business. Issues: whether there was a common intention of the parties that the land granted should be used in a specific way; whether the grant of the easement is necessary to give effect to that intention. Held: Appeal dismissed; a right of way had been implicitly granted not by the terms of the grant but by the circumstances under which it was made.