Indian Easements Act, 1882 · Chapter V: The Extinction, Suspension and Revival of Easements
Section 45: Extinction by destruction of either heritage
An easement is extinguished when either the dominant or the servient heritage is completely destroyed.
Illustration
A has a right of way over a road running along the foot of a sea-cliff. The road is washed away by a permanent encroachment of the sea. A’s easement is extinguished.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 45
No Supreme Court judgment in our database cites this section yet.