ES सुखाधिकारों के पुनः प्रवर्तन के बारे में पूर्ण विवरण दीजिए।

Revival of Easement: Meaning and Conditions

1. Meaning of Revival of Easement

Easements are legal rights that allow one property owner (dominant owner) to use another’s property (servient owner) for specific purposes, such as right of way, right to light, or right to water.

When an easement is extinguished or suspended, but later gets restored, it is known as the revival of easement. The Indian Easements Act, 1882, provides the conditions under which an easement can be revived.

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2. When Does an Easement Get Extinguished or Suspended?

An easement can be extinguished or suspended in several ways, including:

1. Permanent destruction of the dominant or servient property (Section 45).
2. Non-use of the easement for 20 years (Section 47).
3. Express or implied release by the dominant owner (Section 48).
4. Merger of dominant and servient heritage (Section 49).
5. End of the necessity in case of an easement of necessity.

However, under certain conditions, the revival of easement is possible.

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3. Conditions for Revival of Easement

(i) Temporary Suspension Due to a Change in Property Condition

• If an easement is suspended due to a temporary change in the dominant or servient property, it revives when the property returns to its original condition.
• Example: If a pathway is blocked due to temporary flooding, the right of way revives once the water recedes.

(ii) Reappearance of Necessity

• An easement of necessity revives if the necessity reappears.
• Example: If a dominant owner builds a new road and abandons the old right of way, but later destroys the new road, the old easement of necessity can revive.

(iii) Re-separation of Merged Properties

• If an easement was extinguished due to the merger of the dominant and servient property, it can revive if the properties are subsequently separated again.
• Example: A person owns two adjoining plots and combines them, extinguishing an easement. If he later sells one plot to a new owner, the easement may be revived.

(iv) Revival by Agreement

• If the parties mutually agree to restore an easement that was extinguished, it can be revived through a new agreement.

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4. Judicial Interpretation

Courts have ruled that:

• A permanently extinguished easement cannot be revived, but a temporarily suspended easement can be revived.
• If the necessity that led to an easement of necessity disappears and reappears, the easement revives.

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5. Conclusion

The revival of easement depends on whether the extinction was temporary or permanent. It occurs when the reason for suspension disappears, such as in temporary obstructions, necessity reappearing, or re-separation of merged properties.