Section 37 of IEA : Section 37: Extinction By Dissolution Of Right Of Servient Owner

IEA

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Explanation using Example

Imagine Mr. Sharma owns a piece of land, which has a pathway used by his neighbor, Mr. Gupta, to reach the main road. This pathway is an easement - a right for Mr. Gupta to cross Mr. Sharma's property. Now, suppose Mr. Sharma sells his land to Ms. Anjali with a condition that she will not construct any structure on it. If Ms. Anjali agrees to this condition but later decides to build a house there, Mr. Sharma's condition is breached, and he can reclaim the land. When he does so, Mr. Gupta's right to use the pathway (the easement) is extinguished because Mr. Sharma, who granted the easement, no longer has any rights over the servient land.