Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    Discharge; destruction; termination.

  • Black's Law Dictionary: 2nd Edition

    The destruction or cancellation of a right, power, contract or estate. The annihilation of a collateral thing or subject in the subject itself out of which it is derived. Prest. Merg. 9. For the distinction between an extinguishment and passing a right, sce 2 Shars. Bl. Comm. 325, note. "Extinguishment" is sometimes confounded yith "merger," though there is a clear distinction between them. "Merger" is only a mode of extinguishment, and applies to estates only under particular circumstances; but "extinguishment" is a term of general application to rights, as well as estates. 2 Crabb, Real Prop, p. 307, § 1487.
    —Extinguishment of common. Loss of the right to have common. This may happen from various causes.
    —Extinguishment of copyhold. In English law. A copyhold is said to be extinguished when the freehold and copyhold interests unite in the same person and in the same right, which may be either by the copyhold Interest coming to the freehold or by the freehold interest coming to the copyhold. 1 Crabb, Reni Prop. p. 670, § 864.
    —Extinguishment of debts. This takes place by payment; by accord and satisfaction; by novation, or the substitution of a new debtor; by merger, when the creditor recovers a judgment or accepts a security of a higher nature than the original obligation ; by a release ; by the marriage of a feme sole creditor with the debtor, or of an obligee with one of two joint obligors; and where one of the parties, debtor or creditor, makes the other his executor.
    —Extinguishment of rent. If a person have a yearly rent of lands, and afterwards purchase those lands, so that he has as good an estate in the land as in the rent, the rent is extinguished. Termes de 1a Ley; Cowell; Co. Litt. 147. Rent may also be extinguished by conjunction of estates, by confirmation, by grant, by release, and by surrender. 1 Crabb, Real Prop. pp. 210-213, § 209.
    —Extinguishment of ways. This is usually effected by unity of possession. As if a man have a way over the close of another, and he purchase that close, the way la extinguished. 1 Crabb, Reni Prop. p. 341, § 384.