Concedere

Lat. To grant. Cuicunque aliquid conceditur, conceditur et id sine quo res ipsa non esse potuit. To whomsoever any thing is granted, that also is granted without which the thing itself could not exist. When any thing is granted, all the means to attain it, and all the fruits and effects of it are granted also; and shall pass inclusive, together with the thing, by the grant of the thing itself, without the words cum pertinentiis, or any such like words.

Shep. Touch. 89.

Thus, if a man conveys a piece of ground in the midst of his estate, a right of way to come to it, over the land not conveyed, will pass to the grantee.

1 Steph. Com. 464. Co. Litt. 56 a. Broom's Max. 198.

This is one of the fundamental maxims of construction of deeds.

1 Steph. Com. 462, 463.

Its phraseology is sometimes varied thus: Cuicunque aliquis quid concedit, concedere videtur et id sine quo res ipsa esse non potuit. To whomsoever any one grants a thing, he is supposed [seems] to grant that also without which the thing itself could not exist, [the grant itself would be of no effect.] 11 Co. 52.

Broom's Max. 198.

Thus, "if I grant you my trees in my wood, you may come with carts over my land to carry the wood."

11 Co. ub. sup.

Another form of this maxim is the following (q. v.): Quando lex aliquid alicui concedit, concedere videtur et id sine quo res ipsa esse non potest, [or id per quod devenitur ad illud.] When the law grants any thing to any one, it is supposed [it seems] to grant that also without which the thing itself could not exist, [the means of attaining it.]