- An easement is extinguished when the same person becomes entitled to the absolute ownership of the whole of the dominant and servient heritages.Illustrations(a)A, as the owner of a house, has a right of way over B's field. A mortgages and becomes thereby absolute owner of both house and field. The right of way is extinguished.(b)The dominant owner acquires only part of the servient heritage; the easement is not extinguished, except in the case illustrated in section 41.(c)The servient owner acquires the dominant heritage in connection with a third person; the easement is not extinguished.(d)The separate owners of two separate dominant heritages jointly acquire the heritage which is servient to the two separate heritage ; the easements are not extinguished.(e)The joint owners of the dominant heritages jointly acquire the servient-heritage; the easement is extinguished.(f)A single right of way exists over two servient heritages for the beneficial enjoyment of a single dominant heritage. The dominant owner acquires one only of the servient heritages. The easement is not extinguished.
