44. Extinction on permanent alteration of servient heritage by superior force.
- An easement is extinguished where the servient heritage is by superior force so permanently altered that the 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 change its course permanently and runs through C's land, B's easement is extinguished.(b)Access to a path over which A has a of way is permanently cut off by an earthquake. A's right is extinguished.
