A, as owner of a house, has a right of way over B's field. A mortgages his house and B mortgages his…
Illustration (a) to section 46 states: "The right of way is extinguished." Section 46 extinguishes an easement when the same person becomes entitled to the absolute…
Choose your answer
A, as owner of a house, has a right of way over B's field. A mortgages his house and B mortgages his field to C. C forecloses both mortgages and becomes absolute owner of both house and field. What happens to the right of way?
Answer and explanation
Correct answer A
Illustration (a) to section 46 states: "The right of way is extinguished." Section 46 extinguishes an easement when the same person becomes entitled to the absolute ownership of the whole of the dominant and servient heritages. A person cannot hold an easement over his own land, so on foreclosure the right merges in C's ownership.