Extinction on permanent alteration of servient heritage by superior force
Section 44 of the Indian Easements Act, 1882 deals with extinction on permanent alteration of servient heritage by superior force. An easement is extinguished where the servient heritage is by superior force so permanently altered that the dominent owner can no longer enjoy such easement: Provided that, where a way of necessity is destroyed by superior force, the dominant owner has a right to another way over the servient herit The Act came into force on 01 Jul 1872.
An easement is extinguished where the servient heritage is by superior force so permanently altered that the dominent owner can no longer enjoy such easement:
Provided that, where a way of necessity is destroyed by superior force, the dominant owner has a right to another way over the servient heritage; and the provisions of section 14 apply to such way.
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Illustration
(a) A grants to B, as the owner of a certain house, a right to fish in a river running through A's land. The river changes its course permanently and runs through C's land. B's easement is extinguished.
(b) Access to a path over which A has a right of way is permanently cut off by an earthquake. A's right is extinguished.
Section 44, 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.
This section refers to
Questions about Section 44
What does Section 44 of the Indian Easements Act deal with?
Section 44 of the Indian Easements Act is headed "Extinction on permanent alteration of servient heritage by superior force". An easement is extinguished where the servient heritage is by superior force so permanently altered that the dominent owner can no longer enjoy such easement: Provided that, where a way of necessity is destroyed by superior force, the dominant owner has a right to another way over the servient herit
How do I find court cases under Section 44 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 44, section 44 Indian Easements Act 1882, section 44 of the Indian Easements Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 44 of the Indian Easements Act, and has it changed?
Its own text turns on section 14 (Direction of way of necessity), so none of them can safely be read on its own.
When did Section 44 of the Indian Easements Act come into force?
Section 44 of the Indian Easements Act, cited as Indian Easements Act 1882 44, 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 16 Oct 2026. This page is not a substitute for legal advice.