North Dakota § 47-05-12 Extinguishment of servitude - Methods

North Dakota Statutes

§ 47-05-12 — Extinguishment of servitude - Methods

North Dakota § 47-05-12

Title 47Property

Ch. 47-05Servitudes

This text of North Dakota § 47-05-12 (Extinguishment of servitude - Methods) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 47-05-12 (2026).

Text

A servitude is extinguished:

1.By vesting of the right to the servitude and the right to the servient tenement in the same person;

2.By the destruction of the servient tenement;

3.By the performance of any act upon either tenement by the owner of the servitude or with the owner's assent if it is incompatible with its nature or exercise; or

4.When the servitude was acquired by enjoyment, by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by prescription.

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A servitude is extinguished:
1. By vesting of the right to the servitude and the right to the servient tenement in the
same person;
2. By the destruction of the servient tenement;
3. By the performance of any act upon either tenement by the owner of the servitude or
with the owner's assent if it is incompatible with its nature or exercise; or
4. When the servitude was acquired by enjoyment, by disuse thereof by the owner of the
servitude for the period prescribed for acquiring title by prescription.