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Peacock v Custins [2002]

Facts

  • The claimant was the owner of dominant land to an easement granting access to his land
  • The claimant used the easement to also access land adjoining the dominant land

Issue

  • Could the defendant stop the claimant using the easement to gain access to the adjoining land?

Decision

  • Yes

Reasoning

  • This case reiterated the rule in Harris v Flower (1904) that a right of access may only be used for accessing the land to which access was granted
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