A has a right of way over a road running along the foot of a sea-cliff. The road is washed away by a…
The Illustration to section 45 states: "A's easement is extinguished." Section 45 provides that an easement is extinguished when either the dominant or the servient heritage…
Choose your answer
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. Under the Indian Easements Act, 1882, A's easement is:
Answer and explanation
Correct answer D
The Illustration to section 45 states: "A's easement is extinguished." Section 45 provides that an easement is extinguished when either the dominant or the servient heritage is completely destroyed. Section 51 revives such an easement only in limited cases, such as restoration of the land by alluvion within twenty years.