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.