Section 41 of the Indian Easements Act, 1882 – Extinction on termination of necessity

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Section 41: Extinction on termination of necessity

An easement of necessity is extinguished when the necessity comes to an end. Illustration A grants B a field inaccessible except by passing over A’s adjoining land. B afterwards purchases a part of that land over which he can pass to his field. The right of way over A’s land which B had acquired is extinguished.

Source: official text of The Indian Easements Act, 1882 as published on India Code (PDF). All sections of the Indian Easements Act, 1882.

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