A, as owner of farm Y, has a right of way over B's land to Y. Beyond Y lies A's other farm Z, whose…
Illustration (a) to section 21 says that A "must not use the easement for the purpose of passing to and from Z". Section 21 bars the use of an easement for any purpose not…
Choose your answer
A, as owner of farm Y, has a right of way over B's land to Y. Beyond Y lies A's other farm Z, whose enjoyment is not necessary for the enjoyment of Y. A starts using the way to take carts through Y to Z. Under section 21:
Answer and explanation
Correct answer A
Illustration (a) to section 21 says that A "must not use the easement for the purpose of passing to and from Z". Section 21 bars the use of an easement for any purpose not connected with the enjoyment of the dominant heritage. Y alone is the dominant heritage, and common ownership of Z does not extend the easement to it.