Extinction, Suspension and Revival of Easements

Introduction

Chapter V of the Indian Easements Act, 1882 explains how easements end, pause, or come back into force.
Sections 37 to 51 deal with extinction (ending), suspension (temporary stopping), and revival (restoring) of easements.
These rules ensure that easements exist only when they are useful and legally valid.

Meaning / Definition

Extinction of easement means permanent ending of the right.

Suspension of easement means temporary stopping of the right for a certain period.

Revival of easement means restoring the easement after it has ended or been suspended under certain conditions.

Modes or Types

Extinction of Easements

By Loss of Right of Servient Owner (Section 37)

• Easement ends when the servient owner loses his right in the property.
• Exception: Valid easements created by a mortgagor (borrower giving property as security) continue.

By Release (Section 38)

• Dominant owner may give up the easement:
  • Expressly (clearly stated), or
  • Impliedly (by conduct)
• Implied release occurs when:
  • Permanent changes prevent future use
  • Dominant owner shows intention to abandon
• Mere non-use is not release.

By Revocation (Section 39)

• Easement ends if servient owner revokes it using a reserved power.

By Expiry of Time or Condition (Section 40)

• Easement ends when:
  • Fixed time period expires, or
  • Condition attached to it is fulfilled or broken

By End of Necessity (Section 41)

• Easement of necessity ends when necessity no longer exists.

By Becoming Useless (Section 42)

• Ends when it can no longer benefit the dominant owner in any situation.

By Permanent Change in Dominant Heritage (Section 43)

• Ends if:
  • Change increases burden on servient property
• Exception:
  • If change is minor or intended in original grant

By Permanent Change in Servient Heritage (Section 44)

• Ends if natural forces (like flood, earthquake) permanently change the servient property.
• Exception:
  • New way of necessity may arise.

By Destruction of Property (Section 45)

• Ends if either dominant or servient property is completely destroyed.

By Unity of Ownership (Section 46)

• Ends when same person becomes owner of both properties.
• Some exceptions apply in partial ownership cases.

By Non-Enjoyment (Section 47)

• Continuous easement:
  • Ends after 20 years of non-use
• Discontinuous easement:
  • Ends if not used for 20 years
• Exceptions:
  • Contractual suspension
  • Co-owner continues use
  • Easement of necessity

Extinction of Accessory Rights (Section 48)

• When main easement ends, related rights (like right of entry) also end.

Suspension of Easements (Section 49)

• Easement is temporarily stopped when:
  • Dominant owner gets limited possession of servient property, or
  • Servient owner gets limited possession of dominant property

Rights of Servient Owner (Section 50)

• Servient owner:
  • Cannot force continuation of easement
  • Cannot claim compensation if:
    • Proper notice is given
    • Damage could have been prevented

Revival of Easements (Section 51)

Revival after Destruction (Section 45)

• Easement revives if:
  • Property is restored within 20 years

Revival after Unity of Ownership (Section 46)

• Revives if:
  • Court cancels the transaction causing unity
  • Ownership is separated again

Revival after Suspension

• Easement revives when cause of suspension ends before extinction.

Distinction / Comparison

Practical Example

A has a right of way over B’s land.

• If A becomes owner of B’s land, the easement ends (unity of ownership).
• If A takes B’s land on lease, the easement is suspended.
• When lease ends, the easement revives.

Summary

• Easements can end due to loss of rights, release, time limit, or non-use
• Easement of necessity ends when necessity ends
• Permanent changes or destruction of property can extinguish easements
• Suspension is temporary and happens due to limited possession
• Servient owner cannot force continuation or claim compensation if notice is given
• Easements can revive if property is restored or ownership changes again
• Accessory rights end along with the main easement