Section 45 of the Indian Easements Act, 1882 – Extinction by destruction of either heritage

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Section 45: Extinction by destruction of either heritage

An easement is extinguished when either the dominant or the servient heritage is completely destroyed.

Illustration

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.

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

Related posts:

  1. Section 46 of the Indian Easements Act, 1882 – Extinction by unity of ownership
  2. Section 47 of the Indian Easements Act, 1882 – Extinction by non-enjoyment
  3. Section 38 of the Indian Easements Act, 1882 – Extinction by release
  4. Section 43 of the Indian Easements Act, 1882 – Extinction by permanent change in dominant heritage