Indian Easements Act,1882

Act No : 5

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Section : Revival of easements

51. Revival of easements.-An easement extinguished under section45 revives (a) when the destroyed heritage is, before twenty yearshave expired, restored by the deposit of alluvion; (b) when thedestroyed heritage is a servient building and before twenty years haveexpired such building is rebuilt upon the same site; and (c) when thedestroyed heritage is a dominant building and before twenty years haveexpired such building is rebuilt upon the same site and in such amanner as not to impose a greater burden on the servient heritage. An easement extinguished under section 46 revives when the grantor bequest by which the unity of ownership was produced is set asideby the decree of a competent Court. A necessary easement extinguishedunder the same section revives when the unity of ownership ceases fromany other cause. A suspended easement revives if the cause of suspension isremoved before the right is extinguished under section 47. Illustration A, as the absolute owner of field Y, has a right of way thitherover B's field Z. A obtains from B a lease of Z for twenty years. Theeasement is suspended so long as A remains lessee of Z. But when Aassigns the lease to C, or surrenders it to B, the right of wayrevives.27

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