ABSTRACT

Where an easement is acquired by long use, its extent is limited to the purposes for which the land has, in fact, been used during the prescription period. The principle is that the easement cannot be extended to purposes radically different from those enjoyed during the period. Thus, for example, if a right of way over the servient tenement was acquired by 20 years’ user, during which time it was used for carrying agricultural produce to and from the dominant tenement, it cannot subsequently be used for transporting heavy machinery to and from a factory which is later built on the dominant tenement.148