A grants to B, as owner of a certain house, a right to fish in a river running through A's land. The…
Illustration (a) to section 44 states: "B's easement is extinguished." Section 44 extinguishes an easement where the servient heritage is by superior force so permanently…
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A grants to B, as owner of a certain house, a right to fish in a river running through A's land. The river permanently changes its course and now runs through C's land. What is B's position?
Answer and explanation
Correct answer A
Illustration (a) to section 44 states: "B's easement is extinguished." Section 44 extinguishes an easement where the servient heritage is by superior force so permanently altered that the dominant owner can no longer enjoy it. The easement never burdened C's land, so it cannot follow the river there.