The dominant owner of a right of way buys only part of the servient heritage, but still has to pass…
Illustration (b) to section 46 states that where the dominant owner acquires only part of the servient heritage, "the easement is not extinguished, except in the case…
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The dominant owner of a right of way buys only part of the servient heritage, but still has to pass over the rest of it to reach his land. Under section 46 of the Indian Easements Act, 1882:
Answer and explanation
Correct answer D
Illustration (b) to section 46 states that where the dominant owner acquires only part of the servient heritage, "the easement is not extinguished, except in the case illustrated in section 41." Section 46 requires absolute ownership of the whole of both heritages for extinction by unity of ownership. The exception covers a way of necessity, which ends if the part bought gives an alternative access.