Indian Easements Act, 1882
Section - 46 - Extinction by unity of ownership
Extinction by unity of ownership
46. An easement is extinguished when the same person becomes entitled to the absolute ownership of the whole of the dominant and servient heritages.
Illustrations
| (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 connexion with a third person; the easement is not extinguished. |
| (d) | - | The separate owners of two separate dominant heritages jo .... To read the full section download the app from Google Play store
16 July 2026
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