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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