Indian Easements Act,1882
Act No : 5
Section : Extinction by dissolution of right of servient owner
37. Extinction by dissolution of right of servient owner.-When,from a cause which preceded the imposition of an easement, the personby whom it was imposed ceases to have any right in the servientheritage, heritage, the easement is extinguished. Exception.--Nothing in this section applies to an easementlawfully imposed by a mortgagor in accordance with section 10. Illustrations (a) A transfers Sultanpur to B on condition that he does notmarry C. B imposes an easement on Sultanpur. Then B marries C. B'sinterest in Sultanpur ends, and with it the easement is extinguished. (b) A, in 1860, let Sultanpur to B for thirty years from the dateof the lease. B, in 1861, imposes an easement on the land in favour ofC, who enjoys the easement peaceably and openly as an easement withoutinterruption for twenty-nine years. B's interest in Sultanpur thenends, and with it C's easement. (c) A and B, tenants of C, have permanent transferable interestsin their respective holdings. A imposes on his holding an easement todraw water from a tank for the purpose of irrigating B's land. Benjoys the easement for twenty years. Then A's rent falls into arrearand his interest is sold. B's easement is extinguished. (d) A mortgages Sultanpur to B, and lawfully imposes an easementon the land in favour of C in accordance with the provisions ofsection 10. The land is sold to D in satisfaction of the mortgage-debt. The easement is not thereby extinguished.
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