43-13-12. Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude.

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.

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).