Indian Easements Act,1882
Act No : 5
Section : Extinction by release.-An easement is extinguished when thedominant owner releases it, expressly or impliedly, to the servientowner
38. Extinction by release.-An easement is extinguished when thedominant owner releases it, expressly or impliedly, to the servientowner.22 Such release can be made only in the circumstances and to theextent in and to which the dominant owner can alienate the dominantheritage. An easement may be released as to part only of the servientheritage. Explanation I.--An easement is impliedly released- (a) where the dominant owner expressly authorizes an act of a permanent nature to be done on the servient heritage, the necessary consequence of which is to prevent his future enjoyment of the easement, and such act is done in pursuance of such authority; (b) where any permanent alteration is made in the dominant heritage of such a nature as to show that the dominant owner intended to cease to enjoy the easement in future. Explanation II.--Mere non-user of an easement is not an impliedrelease within the meaning of this section. Illustrations (a) A, B and C are co-owners of a house to which an easement isannexed. A, without the consent of B and C, release the easement. Thisrelease is effectual only as against A and his legal representative. (b) A grants B an easement over A's land for the beneficialenjoyment of his house. B assigns the house to C. B then purports torelease the easement. The release is ineffectual. (c) A, having the right to discharge his eavesdroppings into B'syard, expressly authorizes B to build over this yard to a height whichwill interfere with the discharge. B builds accordingly. A's easementis extinguished to the extent of the interference. (d) A, having an easement of light to a window, builds up thatwindow with bricks and mortar so as to manifest an intention toabandon the easement permanently. The easement is impliedly released. (e) A, having a projecting roof by means of which he enjoys aneasement to discharge eavesdroppings on B's land, permanently altersthe roof so as to direct the rain-water into a different channel anddischarge it on C's land. The easement is impliedly released.
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