Question

Section 46 of the Indian Easements Act, 1882 provides for Extinction by Unity of Ownership. Which of the following correctly explains this doctrine and its underlying conceptual basis and what happens if unity of ownership is subsequently severed?

A Unity of ownership means when both the dominant and servient heritages come under the same owner, the easement is merely suspended and automatically revives upon re-separation of ownership without any need for fresh creation
B Unity of ownership extinguishes the easement permanently because a person cannot have an easement over their own property (nemini res sua servit) if ownership is subsequently severed, the former easement does not automatically revive; a new easement must be created either expressly or by implication of necessity
C Unity of ownership suspends the easement only if both heritages are acquired simultaneously; if acquired at different times the easement continues
D Unity of ownership extinguishes the easement only if the owner holds both heritages in the same legal capacity; if one is held personally and the other in a fiduciary capacity, the easement continues
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