Can the owner of a dominant tenement use a right of way for the benefit of other nearby land?

A right of way can only be used for the benefit of the land identified as the dominant tenement in the relevant deed. It cannot be used for the benefit of other land belonging to the owner of the dominant tenement.

In Peacock v Custins ([2002] 1 WLR 1815, CA (Eng)) Mr and Mrs Custins bought land with the benefit of a right of way over land owned by Mr and Mrs Peacock. The Custins also used the right of way for the benefit of other land of theirs next to the dominant tenement. The Peacocks successfully asked for a declaration that this additional use amounted to a trespass. The right of way had to be exercised in accordance with the scope of the grant. It could not be used to benefit the additional land. It makes no difference that the additional use is fairly light.

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