INTRODUCTION
The Extinction of an easement is the legal termination or end of an easement, which is a right to use or access someone else’s property for a specific purpose and for a specific time. When an easement is extinguished, it means that the rights associated with it are permanently eliminated. This can occur through various means, such as the agreement of the parties involved, abandonment, or when the purpose of the easement no longer exists. After the extinction of an easement, the owner of the property regains full control and ownership rights over the affected area.
MEANING OF EASEMENT
In a Literal sense, an easement means having a right of way over another’s property or land.
DEFINITION OF EASEMENT
According to Section 4 of the Easement Act, 1882
“An easement is a right which the owner or occupier of certain land possesses as such for the beneficial enjoyment of that land, to do and continue to do something or to prevent and continue to prevent something being done in or upon or in respect of certain other lands, not his own.
According to Limitation Act, 1908
“Easement includes all rights which are easements within the meaning of section 4 of the Easement Act 1882.”
MODES OF ACQUIRING EASEMENT
The following are the modes by which easement can be acquired.
- By Grant
- By Necessity
- By Prescription
- By Custom
EXTINCTION OF RIGHT OF EASEMENT
Extinction means to come to an end or to cease to operate the right of an easement. Following are the modes of extinction of easement:
1. EXTINCTION BY DISSOLUTION OF RIGHT; U/s 37
The easement is said to be ended by reason of the dissolution of right when the servient owner ceases to have any right in the servient tenement. So, the person is unable to enjoy any further rights in this regard.
Section 37 further states that when the right of the servient owner ends in the servient heritage, the right of easement is ended.
2. EXTINCTION BY RELEASE; U/s 38
An easement is ended when the dominant owner releases the right of the easement to the servient owner. This release can be in two ways i.e. Express Release or Implied Release.
Express Release: Release of the easement, which is announced or communicated by authorizing a permanent change to be made which could prevent the future enjoyment of the easement.
Implied Release: The extinction of easement is said to be implied when an alteration is made in the dominant tenement, which implies that he ceases to enjoy the easement.
3. EXTINCTION BY REVOCATION; U/s 39
An easement is ended when the servient owner, in the exercise of his powers which are exclusively reserved for him, revokes the easement.
4. EXTINCTION ON EXPIRATION OF LIMITED TIME; U/s 40
In this regard, extinction can be in two ways as discussed below.
(i) When it had been granted for a limited period and that period expires.
(ii) When it had been granted on a conditional performance or non-performance of an act and the condition is fulfilled causing it to be void.
Example: A imposes an easement in favor of B till B’s marriage. When B gets married, the easement is no more.
5. EXTINCTION ON TERMINATION OF NECESSITY; U/s 41
An easement of necessity is ended when the necessity for which it was created, comes to an end.
Example: A gives his laptop to B for attempting online exams for two weeks. When B’s exams are over and the need of B is fulfilled, the easement is ended.
6. EXTINCTION OF USELESS EASEMENT; U/s 42
An easement becomes over when it does not remain beneficial for the dominant owner at any time and under any circumstances. Such a type of easement is extinguished by the operation of law.
7. EXTINCTION BY PERMANENT CHANGE IN DOMINANT HERITAGE; U/s 43
If any permanent change in the dominant heritage takes place, the burden on the servient heritage is materially increased and cannot be reduced by the servient owner without interfering with the lawful enjoyment of the easement.
8. EXTINCTION BY ALTERATION OF SERVIENT HERITAGE BY SUPERIOR FORCE; U/s 44
An easement is extinguished when there is an alteration in the servient heritage that is;
- Permanent in nature
- Brought about by a superior force
- Of such a nature that it makes the enjoyment of an easement by the dominant owner impossible
Example: A has a right to fish in a river running through B’s land. The river changes its course thus A’s right is extinguished.
9. EXTINCTION BY DESTRUCTION OF EITHER HERITAGES; U/s 45
An easement is extinguished when either the dominant or servient heritage is completely destroyed. The reason is that the destruction makes the easement impossible.
10. EXTINCTION BY UNITY OF OWNERSHIP; U/s 46
An easement is extinguished where the dominant and servient heritages are united.
Example: A enjoys easement of B’s land. Later time A purchases B’s land. Thus easement is extinguished in this way.
11. EXTINCTION BY NON-ENJOYMENT; U/s 47
An easement is extinguished by non-enjoyment in the following cases;
Continuous Easement is extinguished when it totally ceases to be enjoyed as such for an unbroken period of twenty years.
Discontinuous Easement is extinguished when it has not been enjoyed for a like period .e. twenty years. Such a period shall be reckoned in case of continuous easement from the day on which its enjoyment was obstructed by the servient owner or rendered impossible by the dominant owner, and in case of a discontinuous easement from the day it was last enjoyed by the dominant owner.
EXTINCTION OF ACCESSORY RIGHTS
Under section 48 of the Easement Act 1882, It is laid out that when an easement is extinguished, all the accessory rights are also extinguished along with it.
EFFECTS OF EXTINCTION OF EASEMENT
The effects of the Extinction of easement are as follows;
- Extinction of easement would bring to an end
- The right enjoyed by the dominant owner as well as remove liability imposed on the servient heritage
- The dominant owner would cease to be the dominant owner
- The servient owner would cease to be the servient owner
CONCLUSION
In conclusion, the extinction of easement represents a complex legal process that involves the termination of rights and obligations tied to property. Through various means such as abandonment, merger, or release, easements can be effectively extinguished, ensuring the flexibility and adaptability of property ownership. Understanding the mechanisms behind easement extinction is crucial for property owners and legal practitioners alike.
FREQUENTLY ASKED QUESTIONS
How is an easement extinguished?
(2019-A 5 years)
How easements are disturbed. What are the remedies that can be availed by the claimant?
(2018-A)
List the different ways of extinction of an easement and explain any four in detail.
(2016-S)
How is an easement extinguished and revived?
(2015-A)
How easement is extinguished? If this is extinguished then how it is revived?
(2014-A)
What do you understand by the easement? Can it be extinguished? If yes, how?
(2011-8)
