Indian Easements Act,1882
Act No : 5
Section : Extinction by non-enjoyment
47. Extinction by non-enjoyment.-A continuous easement isextinguished when it totally ceases to be enjoyed as such for anunbroken period of twenty years. A discontinuous easement is extinguished when, for a like period,it has not been enjoyed as such. Such period shall be reckoned, in the case of a continuouseasement, from the day on which its enjoyment was obstructed by theservient owner, or rendered impossible by the dominant owner; and, inthe case of a discontinuous easement, from the day on which it waslast enjoyed by any person as dominant owner: Provided that if, in the case of a discontinuous easement, thedominant owner, within such period, registers, under the IndianRegistration Act, 18771* (3 of 1877), a declaration of his intentionto retain such easement, it shall not be extinguished until a periodof twenty years has elapsed from the date of the registration.----------------------------------------------------------------------1 See now the Indian Registration Act, 1908 (16 of 1908).25 Where an easement can be legally enjoyed only at a certain place,or at certain times, or between certain hours, or for a particularpurpose, its enjoyment during the said period at another place, or atother times, or between other hours, or for another purpose, does notprevent its extinction under this section. The circumstance that, during the said period, no one was inpossession of the servient heritage, or that the easement could not beenjoyed, or that a right accessory thereto was enjoyed, or that thedominant owner was not aware of its existence, or that he enjoyed itin ignorance of his right to do so, does not prevent its extinctionunder this section. An easement is not extinguished under this section- (a) where the cessation is in pursuance of a contract between the dominant and servient owners; (b) where the dominant heritage is held in co-ownership, and one of the co-owners enjoys the easement within the said period, or (c) where the easement is a necessary easement. Where several heritages are respectively subject to rights of wayfor the benefit of a single heritage, and the ways are continuous,such rights shall, for the purposes of this section, be deemed to be asingle easement. Illustration A has, as annexed to his house, rights of way from the high roadthither over the heritages X and Z and the intervening heritage Y.Before the twenty years expire, A exercises his right of way over X.His rights of way over Y and Z are not extinguished.
