The contemplation of the parties as to the use of an easement is not a separate inquiry from the construction of the grant; it cannot be pursued beyond the appropriate method for construing the grant having regard to admissible surrounding circumstances. Evidence of the grantor's subjective ideas and purposes is inadmissible. The rule in Harris v Flower is not an absolute rule but merely an application of the general principle that use of an easement cannot be extended beyond the scope of the grant. An express grant of an easement may, on its true construction, permit use for new or additional purposes of the dominant tenement.
The full text is available to signed-in members, including the 20 later cases that cite this judgment.
3 of the 20 citing cases carry a classified treatment. How each court treated it is available to signed-in members.