70-17-111. How servitude extinguished. (1) Except as provided in subsection (2), a servitude is extinguished:
     (a) by the vesting of the right to the servitude and the right to the servient tenement in the same person;
     (b) by the destruction of the servient tenement;
     (c) by the performance of any act upon either tenement by the owner of the servitude or with the owner's assent that is incompatible with its nature or exercise; or
     (d) when the servitude was acquired by enjoyment, by disuse of the servitude by the owner of the servitude for the period prescribed for acquiring title by enjoyment.
     (2) A conservation easement may not be extinguished by taking fee title to the land to which the conservation easement is attached.

     History: En. Sec. 1260, Civ. C. 1895; re-en. Sec. 4517, Rev. C. 1907; re-en. Sec. 6759, R.C.M. 1921; Cal. Civ. C. Sec. 811; Field Civ. C. Sec. 255; re-en. Sec. 6759, R.C.M. 1935; R.C.M. 1947, 67-611; amd. Sec. 1, Ch. 352, L. 2007.