An easement is extinguished when the same person becomes entitled to the absolute ownership of the whole of the dominant and servient heritages.
Illustration
(a) A, as the owner of a house has a right of way over B’s field. A mortgages his house, and B mortgages his field to C. Then C forecloses both 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 heritages: the easements are not extinguished.
(e) The joint owners of the dominant heritage 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.
(g) A has a right of way over B’s road. B dedicates the road to the public. A’s right of way is not extinguished.