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Indian Encasements Act, 1882


44. Extinction on permanent alteration of servant heritage by superior force

An easements is extinguished where the servant heritage is by superior force so permanently altered that 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 servant 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 As land. The river changes its course permanently and runs through Cs land. Bs easements is extinguished.

(b) Access to a path over which A has a right of way is permanently cut off by an earthquake. As right is extinguished.



Indian Encasements Act, 1882 Back




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