section 44
Nothing in this section shall be deemed to apply to an easement entitling the dominant owner to support of the dominant heritage.
Easements Act, 1977Civil197770 sections6 chapters
Chapter V THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS
Statutory text
Extinction on permanent alteration of servient heritage by superior force Extinction on permanent alteration of servient heritage by superior force.-An easement is extinguished where the servient heritage is by superior force so permanently altered that the dominant owner can no longer enjoy such easement : Provided that, where a way of necessity is destroyed by superior force, the dominant owner has a right to another way over the servient heritage ; and the provisions of section 14 apply to such way. Illustration.
- (a) A grants to B, as the owner of a certain house, a right to fish in a river running through A's land. The river change its course permanently and runs through C's land. B's easement is extinguished.
- (b) Access to a path over which A has a right of way is permanently cut off by an earthquake.
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