Indian Easements Act,1882
Act No : 5
Section : Extinction by unity of ownership
46. Extinction by unity of ownership.-An easement is extinguishedwhen the same person becomes entitled to the absolute ownership of thewhole of the dominant and servient heritages. Illustrations (a) A, as the owner of a house, has a right of way over B'sfield. A mortgages his house and B mortgages his field to C. Then Cforecloses both mortgages and becomes thereby absolute owner of bothhouse and field. The right of way is extinguished. (b) The dominant owner acquires only part of the servientheritage: the easement is not extinguished, except in the caseillustrated in section 41. (c) The servient owner acquires the dominant heritage inconnection with a third person: the easement is not extinguished. (d) The separate owners of two separate dominant heritagesjointly acquire the heritage which is servient to the two separateheritages: the easements are not extinguished. (e) The joint owners of the dominant heritage jointly acquire theservient heritage: the easement is extinguished. (f) A single right of way exists over two servient heritages forthe beneficial enjoyment of a single dominant heritage. The dominantowner acquires one only of the servient heritages. The easement is notextinguished. (g) A has a right of way over B's road. B dedicates the road tothe public. A's right of way is not extinguished.
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