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.
S.D. Codified Laws § 43-13-12
Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude
Applied in 6 court decisions — leading case Brown v. Cahanson (2007)
Most recently applied in Swaby v. Northern Hills Regional Railroad Authority (July 2009)
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).
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.