Extinction on termination of necessity
Section 41 of the Indian Easements Act, 1882 deals with extinction on termination of necessity. An easement is extinguished when it becomes incapable of being at any time under any circumstances beneficial to the dominant owner. The Act came into force on 01 Jul 1872.
An easement is extinguished when it becomes incapable of being at any time under any circumstances beneficial to the dominant owner.
Section 41, The Indian Easements Act, 1882 (Act 5 of 1882).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Hero Vinoth (Minor) v. Seshammal
Court's Decision & Legal Precedent
Judgment of Main Case order-2.pdf 2006-05-08 DATE VERIFIED (not same-date ROP order-1). CA 4715/2000. Pasayat/Raveendran. An easement created by grant in a partition deed is contractual, not an easement of necessity under s.13. s.41 extinguishment on termination of necessity does not apply where another access exists. Do not remap CPC 100 (already filled).
On this section: s.41 extinguishes an easement of necessity when the necessity ends. It does not apply to an easement by grant, nor where another access already exists (Hero Vinoth).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 41
What have the courts held on Section 41 of the Indian Easements Act?
Hero Vinoth (Minor) v. Seshammal (08 May 2006) is the leading judgment on this section among those set out below: s.41 extinguishes an easement of necessity when the necessity ends. It does not apply to an easement by grant, nor where another access already exists (Hero Vinoth).
How do I find court cases under Section 41 of the Indian Easements Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Indian Easements Act 1882 41, section 41 Indian Easements Act 1882, section 41 of the Indian Easements Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Hero Vinoth (Minor) v. Seshammal (08 May 2006).
What should I read with Section 41 of the Indian Easements Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 41 of the Indian Easements Act come into force?
Section 41 of the Indian Easements Act, cited as Indian Easements Act 1882 41, came into force on 01 Jul 1872, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 13. Easements of necessity and quasi easements1090 words
- 7. Easements restrictive of certain rights595 words
- 15. Acquisition by prescription592 words
- 4. "Easement" defined428 words
- 47. Extinction by non-enjoyment408 words
- 24. Right to do acts to secure enjoyment358 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.