Section 47 of IEA : Section 47: Extinction By Non-Enjoyment

Explanation using Example

Imagine a scenario where Mr. Sharma has a legal right to use a pathway across Mr. Gupta's property to reach his own orchard. This right to use the pathway is an easement. Mr. Sharma has been using this pathway continuously for years. However, Mr. Sharma then moves abroad and stops using the pathway. Twenty years pass without Mr. Sharma or anyone on his behalf using the pathway. According to Section 47 of The Indian Easements Act, 1882, Mr. Sharma's right to use the pathway would be extinguished since it was not enjoyed for an uninterrupted period of twenty years. Now, if Mr. Sharma had decided to retain the easement and registered a declaration of his intention under the Indian Registration Act within these twenty years, the right would not have been extinguished until twenty years had elapsed from the date of registration.