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44. Extinction on permanent alternative of servient heritage by superior force.- An easements is extinguished where the servient heritage is by superior force so permanently altered that dominant 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.

Illustrations

(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 easements 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.

 

 

 

 

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