A servitude is extinguished by the performance of any act upon either tenement, by the owner of the servitude, or with his assent, which is incompatible with its nature or exercise.

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Source: CivC 1877, § 254, subdiv 3; CL 1887, § 2770, subdiv 3; RCivC 1903, § 277, subdiv 3; RC 1919, § 347 (3); SDC 1939, § 51.0609 (3).

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