LANDEasement - conveyance granting right of way in connection with use of property conveyed - grant not entitling purchaser to use right of way to reach adjacent land farmed in conjunction with land conveyedPeacock and another v Custin and another: CA (Schiemann and Mance LJJ and Smith J):14 November 2000A conveyance in 1977 included 'the benefit of the right of way at all times and for all purposes in connection with the use and enjoyment of the property hereby conveyed.' The purchasers also owned land adjacent to the land specified in the grant which was farmed in conjunction with it.

The judge in the Cambridge county court, having found that the cultivation of the two plots together would not significantly increase the use of the right of way, refused the vendors a declaration that the purchasers were not entitled to use the right of way to cultivate the adjacent land in conjunction with the land conveyed.

The vendors appealed.Timothy Morshead (instructed by Birketts, Ipswich) for the vendors.

Thomas Dumont (instructed by Taylor Vinters, Cambridge) for the purchasers.Held, allowing the appeal, that the court was concerned with the scope of the grant, having regard to its purposes and the identity of the dominant land, and not with the degree to which the use of the right of way to cultivate adjacent land would increase the use of the servient land; that the burden on the servient owner was not to be increased without his consent even to an insubstantial extent; that the vendors had not authorised the use of the right of way for the purpose of cultivating land other than that specified in the grant; and that the purchasers were not entitled to use the right of way for access to the other land.