section 51
Revival of easements
Easements Act, 1977Civil197770 sections6 chapters
Chapter V THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS
Statutory text
Revival of easements.-An easement extinguished under section 45 revives
- (a) when the destroyed heritage is, before twenty years have expired, restored by the deposit of alluvion;
- (b) when the destroyed heritage is a servient building and before twenty years have expired such building is re-built upon the same site; and
- (c) when the destroyed heritage is a dominant building and before twenty years have expired such building is rebuilt upon the same site and in such a manner as not to impose a greater burden on the servient heritage. An easement extinguished under section 46 revives when the grant or bequest by which the unity of ownership was produced is set aside by the decree of a competent Court. A necessary easement extinguished under the same section revives when the unity of ownership ceases from any other cause. A suspended easement revives when the cause of suspension is removed before the right is extinguished under section 47.
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