{"data":{"id":"us-mt/70-17-111","jurisdiction":"us-mt","citation":"70-17-111","heading":"How servitude extinguished.","body":"(1) Except as provided in subsection (2), a servitude is extinguished:\n(a) by the vesting of the right to the servitude and the right to the servient tenement in the same person;\n(b) by the destruction of the servient tenement;\n(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\n(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.\n(2) A conservation easement may not be extinguished by taking fee title to the land to which the conservation easement is attached.","path":["TITLE 70. PROPERTY","CHAPTER 17. SERVITUDES, EASEMENTS, AND COVENANTS RUNNING WITH THE LAND","Part 1. Servitudes -- Easements"],"source_url":"https://mca.legmt.gov/bills/mca/title_0700/chapter_0170/part_0010/section_0110/0700-0170-0010-0110.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:58:36Z","sha256":"6b8bf087112db0e92d47bddf6935cf2025d2693acf60ea3bdc7ce14dc2257e9b","source_id":"us-mt","stale":false,"prev":"us-mt/70-17-110","next":"us-mt/70-17-112"},"notice":"GroundRules: Original legal text. Not legal advice."}