Extinction by unity of ownership
Section 46 of the Indian Easements Act, 1882 deals with extinction by unity of ownership. An easement is extinguished when the same person becomes entitled to the absolute ownership of the whole of the dominant and servient heritages. The Act came into force on 01 Jul 1872.
An easement is extinguished when the same person becomes entitled to the absolute ownership of the whole of the dominant and servient heritages.
Illustration
(a) A, as the owner of a house has a right of way over B’s field. A mortgages his house, and B mortgages his field to C. Then C forecloses both mortgages and becomes thereby absolute owner of both house and field. The right of way is extinguished.
(b) The dominant owner acquires only part of the servient heritage: the easement is not extinguished, except in the case illustrated in section 41.
(c) The servient owner acquires the dominant heritage in connection with a third person: the easement is not extinguished.
(d) The separate owners of two separate dominant heritages jointly acquire the heritage which is servient to the two separate heritages: the easements are not extinguished.
(e) The joint owners of the dominant heritage jointly acquire the servient heritage: the easement is extinguished.
(f) A single right of way exists over two servient heritages for the beneficial enjoyment of a single dominant heritage. The dominant owner acquires one only of the servient heritages. The easement is not extinguished.
(g) A has a right of way over B’s road. B dedicates the road to the public. A’s right of way is not extinguished.
Section 46, 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
Referred to by 1
Questions about Section 46
What does Section 46 of the Indian Easements Act deal with?
Section 46 of the Indian Easements Act is headed "Extinction by unity of ownership". An easement is extinguished when the same person becomes entitled to the absolute ownership of the whole of the dominant and servient heritages.
How do I find court cases under Section 46 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 46, section 46 Indian Easements Act 1882, section 46 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 46 of the Indian Easements Act, and has it changed?
Its own text turns on section 41 (Extinction on termination of necessity), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 46 of the Indian Easements Act come into force?
Section 46 of the Indian Easements Act, cited as Indian Easements Act 1882 46, 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.