section 46
A's easement is extinguished.
Easements Act, 1977Civil197770 sections6 chapters
Chapter V THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS
Statutory text
Extinction by unity of ownership Extinction by unity of ownership.-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 of an easement of necessity.
- (c) The servient owner acquires the dominant heritage in connection with a third person; the easement is not extinguished.
- (d) The separate owners of two separate dominant heritages jointly acquire the heritage which is servient to the two separate heritages; the easements are not extinguished.
- (e) The joint owners of the dominant heritage jointly acquire the servient heritage; the easement is extinguished.
- (f) A single right of way exists over two servient heritages for the beneficial enjoyment of a single dominant heritage. The dominant owner acquires one only of the servient heritages. The easement is not extinguished.
- (g) A has a right of way over B's road. B dedicates the road to the public.
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