Indian Easements Act, 1882

CHAPTER V

THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS

Extinction by dissolution of right of servient owner

37. When, from a cause which preceded the imposition of an easement, the person by whom it was imposed ceases to have any right in the servient heritage, the easement is extinguished.

Exception : Nothing in this section applies to an easement lawfully imposed by a mortgagor in accordance with section 10.

Illustrations

(a)	-	A transfers Sultanpur to B on condition that he does not marry C. B imposes an easement on Sultanpur. Then B marries C. B's interest in Sultanpur ends, and with it the easement is extinguished.
(b)	-	A, in 1860, let Sultanpur to B for thirty years from the date of the lease. B, in 1861 imposes an easement on the land in favour of C, who enjoys the easement peaceably and openly as an easement without interruption for twenty-nine years, B's interest in Sultanpur then ends, and with it C's easement.
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