What is the test for determining the scope of an easement?

It may well be that the applications judge did err in applying that test to the determination of the scope of the easement. As held by this court in Mackenzie v. Matthews, the grant of an easement includes a grant of ancillary rights that are reasonably necessary to the use and enjoyment of the easement and which were contemplated by the grantor. The difficulty for the appellants in this case relates to the unsatisfactory nature of the evidence. As was stated in Mackenzie v. Matthews, there is no mechanical way to determine what constitutes an unreasonable demand upon an easement. Each case depends not only upon a proper construction of the instrument creating the easement but also the factual circumstances including the purpose of the easement, the circumstances of its creation, the history of its development and the circumstances of its use, when determining what ancillary rights were contemplated by the grantor.