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Indian Encasements Act, 1882


45. Extinction by destruction of either heritage

An easement is extinguished when either the dominant or the servant 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.



Indian Encasements Act, 1882 Back




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