Servitude acquired by enjoyment extinguished by disuse for prescribed period.

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43-13-13. Servitude acquired by enjoyment extinguished by disuse for prescribed period.

A servitude acquired by enjoyment is extinguished by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment.

Source: CivC 1877, §254, subdiv 4; CL 1887, §2770, subdiv 4; RCivC 1903, §277, subdiv 4; RC 1919, §347 (4); SDC 1939, §51.0609 (4).


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