A, in 1860, let Sultanpur to B for thirty years from the date of the lease. In 1861 B imposes an…
Illustration (b) to section 37 states that "B's interest in Sultanpur then ends, and with it C's easement." Under section 37, an easement ends when the person who imposed it…
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A, in 1860, let Sultanpur to B for thirty years from the date of the lease. In 1861 B imposes an easement on the land in favour of C, who enjoys it peaceably and openly as an easement without interruption for twenty-nine years. B's lease then expires. What becomes of C's easement?
Answer and explanation
Correct answer D
Illustration (b) to section 37 states that "B's interest in Sultanpur then ends, and with it C's easement." Under section 37, an easement ends when the person who imposed it ceases, from a cause preceding the imposition, to have any right in the servient heritage. C's enjoyment rested on B's grant, and B's term was fixed before he imposed the easement, so the long enjoyment does not save it.