California CodesCivil Code - CIVDivision 2 — PropertyPart 2 — Real or Immovable Property [755 – 945.5]Title 2 — Estates in Real PropertyChapter 3 — ServitudesSection 811

A servitude is extinguished:

1. By the vesting of the right to the servitude and the right to the servient tenement in the same person;

2. By the destruction of the servient tenement;

3. 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; or,

4. When the servitude was acquired by enjoyment, by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment.

Notes

Sets four ways a servitude is extinguished: merger of the servitude right and servient tenement in one person, destruction of the servient tenement, an owner-approved act incompatible with the servitude’s nature or exercise, or, for a servitude acquired by enjoyment, disuse for the period prescribed for acquiring title by enjoyment.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 811 | https://laws.lexinter.net/codes/california/civil-code/division-2/part-2/title-2/chapter-3/section-811

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.