The Indian Easements Act, 1882
Section 43. Extinction by permanent Change in dominant heritage.
Where, by any permanent change in the dominant heritage, the burden on the servient heritage is materially increased and cannot be reduced by the servient owner without interfering with the lawful enjoyment of the easement, the easement is extinguished, unless--
(a) it was intended for the beneficial enjoyment of the dominant heritage, to whatever extent the easement should be used; or
(b) the injury caused to the servient owner by the change is so slight that no reasonable person would complain of it; or
(c) the easement is an easement of necessity.
Nothing in this section shall be deemed to apply to an easement entitling the dominant owner to support of the dominant heritage.
Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.
Cases citing this section
No order or office report we hold cites this section yet.
Source: Order and office-report PDFs whose text cites the section, read by rule (document_citations); each case through its orders and office reports that carry the PDF