LawgistThe Indian Easements Act
45Extinction by destruction of either heritage
An easement is extinguished when either the dominant or the servient heritage is completely destroyed.
Illustrations
A has a right of way over a road running along the foot of a sea-cliff. The road is washed away by a permanent encroachment of the sea. A's easement is extinguished.
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THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS
- 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
