September 12, 2026

Section 41 – Indian Easements Act: Extinction on Termination of Necessity

The Indian Easements Act, 1882 — back to Table of Contents

Section 41. Extinction on termination of necessity.

An easement of necessity is extinguished when the necessity comes to an end.

Illustration

A grants B a field inaccessible except by passing over A’s adjoining land. B afterwards purchases a part of that land over which he can pass to his field. The right of way over A’s land which B had acquired is extinguished.

Continue with Section 42 — Extinction of Useless Easement, or return to the Table of Contents.