Montana § 70-17-111 How Servitude Extinguished

Montana Statutes

§ 70-17-111 — How Servitude Extinguished

Montana § 70-17-111

Title 70PROPERTY

Ch. 17SERVITUDES, EASEMENTS, AND COVENANTS RUNNING WITH THE LAND

Part 1Servitudes -- Easements

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Bluebook

Mont. Code Ann. § 70-17-111 (2026).

Text

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.

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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.

Legislative 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.