Under Section 45 and Section 51 of the Indian Easements

Solution

Section 45 of the Indian Easements Act, 1882 provides that an easement is extinguished when either the dominant or servient heritage is completely and permanently destroyed. However, Section 51 carves out three specific circumstances under which such an extinguished easement automatically revives. First, if the destroyed heritage is restored by the deposit of alluvion (natural accretion of soil by water) before 20 years have expired in such cases the heritage re-emerges and the easement revives with it. Second, if the destroyed heritage is a servient building and it is rebuilt on the same site before 20 years since the easement burden attaches to the site, not merely the physical structure. Third, if the destroyed heritage is a dominant building and it is rebuilt on the same site before 20 years in a manner that does not impose a greater burden on the servient heritage this condition protects the servient owner from increased obligations. The critical factor in all three cases is the 20-year limit beyond this period, the easement is permanently extinguished and cannot be revived without a fresh grant or a new period of prescriptive acquisition.