Indian Easements Act : Extinction by permanent change in dominant heritage Indian Bare Acts :

Indian Easements Act,1882

Act No : 5

Section : Extinction by permanent change in dominant heritage

43. Extinction by permanent change in dominant heritage.-Where,by any permanent change in the dominant heritage, the burden on theservient heritage is materially increased and cannot be reduced by theservient owner without interfering with the lawful enjoyment of theeasement, the easement is extinguished, unless- (a) it was intended for the beneficial enjoyment of the dominant heritage, to whatever extent the easement should be used; or (b) the injury caused to the servient owner by the change is so slight that no reasonable person would complain of it; or (c) the easement is an easement of necessity. Nothing in this section shall be deemed to apply to an easemententitling the dominant owner to support of the dominant heritage.