The INDIAN EASEMENTS ACT, 1882

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.