An easement is extinguished when the same person becomes entitled to the absolute ownership of the whole of the dominant and servient heritages.
Illustration
(a) A, as the owner of a house has a right of way over B’s field. A mortgages his house, and B mortgages his field to C. Then C forecloses both mortgages and becomes thereby absolute owner of both house and field. The right of way is extinguished.
(b) The dominant owner acquires only part of the servient heritage: the easement is not extinguished, except in the case illustrated in section 41.
(c) The servient owner acquires the dominant heritage in connection with a third person: the easement is not extinguished.
(d) The separate owners of two separate dominant heritages jointly acquire the heritage which is servient to the two separate heritages: the easements are not extinguished.
(e) The joint owners of the dominant heritage jointly acquire the servient heritage: the easement is extinguished.
(f) A single right of way exists over two servient heritages for the beneficial enjoyment of a single dominant heritage. The dominant owner acquires one only of the servient heritages. The easement is not extinguished.
(g) A has a right of way over B’s road. B dedicates the road to the public. A’s right of way is not extinguished.
Illustration
(a) A, as the owner of a house has a right of way over B’s field. A mortgages his house, and B mortgages his field to C. Then C forecloses both mortgages and becomes thereby absolute owner of both house and field. The right of way is extinguished.
(b) The dominant owner acquires only part of the servient heritage: the easement is not extinguished, except in the case illustrated in section 41.
(c) The servient owner acquires the dominant heritage in connection with a third person: the easement is not extinguished.
(d) The separate owners of two separate dominant heritages jointly acquire the heritage which is servient to the two separate heritages: the easements are not extinguished.
(e) The joint owners of the dominant heritage jointly acquire the servient heritage: the easement is extinguished.
(f) A single right of way exists over two servient heritages for the beneficial enjoyment of a single dominant heritage. The dominant owner acquires one only of the servient heritages. The easement is not extinguished.
(g) A has a right of way over B’s road. B dedicates the road to the public. A’s right of way is not extinguished.
आगे पढ़ें / Continue reading
Explore the next section or browse this act in the selected language.
Next · Section 47Extinction by non-enjoyment. →All sections / सभी धाराएँThe Indian Easements Act, 1882 →
More sections of this act
Section 1 · Short title.Section 2 · Savings.Section 3 · Construction of certain references to Act 15 of 1877 and Act 9 of 1871.Section 4 · "Easement" defined.Section 5 · Continuous and discontinuous, apparent and non-apparent, easements.Section 6 · Easement for limited time or on condition.Section 7 · Easements restrictive of certain rights.Section 8 · Who may impose easements.India Code, Government of India. Text fetched 24 Oct 2026. Source metadata reports last modification: 2018-04-16. Check the linked official text and subsequent notifications when applying a provision.