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A mortgages land to B and lawfully imposes an easement over it in C’s favour under section 10 of the…

The easement survives the sale. Section 37 excepts easements lawfully imposed by a mortgagor under section 10, as illustration (d) shows. Section 10 permits such an easement…

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A mortgages land to B and lawfully imposes an easement over it in C’s favour under section 10 of the Indian Easements Act, 1882. The land is sold to D to satisfy the mortgage debt. Under section 37, what happens to the easement?

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Answer and explanation

Correct answer B

The easement survives the sale. Section 37 excepts easements lawfully imposed by a mortgagor under section 10, as illustration (d) shows. Section 10 permits such an easement where it does not make the mortgage security insufficient, subject to section 8.

Option feedback

Option A

A release under section 38 requires a release by the dominant owner. The sale supplies none.

Option B

Section 37 preserves a lawful section 10 easement when the land is sold to satisfy the mortgage.

Option C

The lawful section 10 easement falls within the exception to extinction in section 37.

Option D

The sale involves no exercise of a reserved power of revocation under section 39.

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