Lawgist44Extinction on permanent alteration of servient heritage by superior force
An easement is extinguished where the servient heritage is by superior force so permanently altered that the dominant owner can no longer enjoy such easement:
Provided that, where a way of necessity is destroyed by superior force, the dominant owner has a right to another way over the servient heritage; and the provisions of section 14 apply to such way.
Illustrations
(a) A grants to B, as the owner of a certain house, a right to fish in a river running through A's land. The river changes its course permanently and runs through C's land. B's easement is extinguished.
(b) Access to a path over which A has a right of way is permanently cut off by an earthquake. A's right is extinguished.
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- 37 Extinction by dissolution of right of servient owner
- 38 Extinction by release
- 39 Extinction by revocation
- 40 Extinction on expiration of limited period or happening of dissolving condition
- 41 Extinction on termination of necessity
- 42 Extinction of useless easement
- 43 Extinction by permanent Change in dominant heritage
- 44 Extinction on permanent alteration of servient heritage by superior force
- 45 Extinction by destruction of either heritage
- 46 Extinction by unity of ownership
- 47 Extinction by non-enjoyment
- 48 Extinction of accessory rights
- 49 Suspension of easement
- 50 Servient owner not entitled to require continuance
- 51 Revival of easements
