The governing principles are not in issue. Where a right of way has been created by express grant, the scope of permissible use depends on the words used. The circumstances existing at the time of the grant may also be looked at to construe the nature and extent of the rights conveyed. See Laurie v. Winch, 1952 CanLII 10 (SCC),  1 S.C.R. 49. In the case of a general grant, as here, the permissible use is not limited to the original use. Although the owner of the dominant tenement cannot alter the type of use of the right of way beyond its original scope, the burden on the servient tenement can be reasonably increased so long as the use is of the same general nature, and it can reasonably be said to have been in the contemplation of the parties at the time of the grant.
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