September 12, 2026

Section 45 – Indian Easements Act: Extinction by Destruction of Either Heritage

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

Section 45. Extinction by destruction of either heritage.

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

Continue with Section 46 — Extinction by Unity of Ownership, or return to the Table of Contents.