Indian Easements Act,1882

Act No : 5

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Section : Extinction on permanent alteration of servient heritage bysuperior force

44. Extinction on permanent alteration of servient heritage bysuperior force.-An easement is extinguished where the servientheritage is by superior force so permanently altered that the dominantowner can no longer enjoy such easement: Provided that, where a way of necessity is destroyed by superiorforce, the dominant owner has a right to another way over the servientheritage; and the provisions of section 14 apply to such way. Illustrations (a) A grants to B, as the owner of a certain house, a right tofish in a river running through A's land. The river changes its coursepermanently and runs through C's land. B's easement is extinguished. (b) Access to a path over which A has a right of way ispermanently cut off by an earthquake. A's right is extinguished.

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