SECTION

Section 44 — Extinction on permanent alteration of servient heritage by superior force

44. Extinction on permanent alteration of servient heritage by superior force. -An ease ment is extinguished where the servient heritage is by superior force so permanently altered th at the dominent 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. 17 Illustration

(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 easement 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.