Section 44
Extinction on permanent alteration of servient heritage by superior force.
The Indian Easements Act, 1882
About this Act
An Act to define and amend the law relating to Easements and Licenses.
An easement
is extinguished where the servient heritage is by superior force so permanently altered that the
dominent 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 changes 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. A's right is extinguished.
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 changes 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. A's right is extinguished.