reglab/housing_qa huggingface dataset:
MT Code § 70-16-201 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 2. Adjoining Landowners and Boundaries -- Fences|70-16-201. Owner of land bounded by water

  70-16-201. Owner of land bounded by water. Except where the grant under which the land is held indicates a different intent, the owner of the land, when it borders upon a navigable lake or stream, takes to the edge of the lake or stream at low-water mark; when it borders upon any other water, the owner takes to the middle of the lake or stream.   History: En. Sec. 1291, Civ. C. 1895; re-en. Sec. 4529, Rev. C. 1907; re-en. Sec. 6771, R.C.M. 1921; Cal. Civ. C. Sec. 830; Based on Field Civ. C. Sec. 267; re-en. Sec. 6771, R.C.M. 1935; R.C.M. 1947, 67-712.
MT Code § 70-16-202 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 2. Adjoining Landowners and Boundaries -- Fences|70-16-202. Owner of land bounded by road

  70-16-202. Owner of land bounded by road. An owner of land bounded by a road or street is presumed to own to the center thereof, but the contrary may be shown.   History: En. Sec. 1292, Civ. C. 1895; re-en. Sec. 4530, Rev. C. 1907; re-en. Sec. 6772, R.C.M. 1921; Cal. Civ. C. Sec. 831; Field Civ. C. Sec. 268; re-en. Sec. 6772, R.C.M. 1935; R.C.M. 1947, 67-713.
MT Code § 70-16-203 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 2. Adjoining Landowners and Boundaries -- Fences|70-16-203. Adjoining owner's right to lateral and subjacent support -- excavations

  70-16-203. Adjoining owner's right to lateral and subjacent support -- excavations. Each coterminous owner is entitled to the lateral and subjacent support that the owner's land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the adjoining land for the purposes of construction, on using ordinary care and skill and taking reasonable precautions to sustain the land of the other and giving previous reasonable notice to the other of the intention to make the excavations.   History: En. Sec. 1293, Civ. C. 1895; re-en. Sec. 4531, Rev. C. 1907; re-en. Sec. 6773, R.C.M. 1921; Cal. Civ. C. Sec. 832; Based on Field Civ. C. Sec. 269; re-en. Sec. 6773, R.C.M. 1935; R.C.M. 1947, 67-714; amd. Sec. 2120, Ch. 56, L. 2009.
MT Code § 70-16-204 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 2. Adjoining Landowners and Boundaries -- Fences|70-16-204. Trees on or near boundary

  70-16-204. Trees on or near boundary. (1) Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common.   (2) Trees whose trunks stand wholly upon the land of one owner belong exclusively to that landowner, although their roots grow into the land of another.   History: En. Secs. 1294, 1295, Civ. C. 1895; re-en. Secs. 4532, 4533, Rev. C. 1907; re-en. Secs. 6774, 6775, R.C.M. 1921; Cal. Civ. C. Secs. 833, 834; Field Civ. C. Secs. 270, 271; re-en. Secs. 6774, 6775, R.C.M. 1935; R.C.M. 1947, 67-715, 67-716; amd. Sec. 2121, Ch. 56, L. 2009.
MT Code § 70-16-205 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 2. Adjoining Landowners and Boundaries -- Fences|70-16-205. Monuments and fences -- mutual obligation of adjoining owners

  70-16-205. Monuments and fences -- mutual obligation of adjoining owners. (1) Coterminous owners are mutually bound equally to maintain:   (a) the boundaries and monuments between them;   (b) the fences between them, unless one of them chooses to let that owner's land lie without fencing, in which case if that owner afterwards encloses it, that owner shall refund to the other owner a just proportion of the value, at that time, of any division fence made by the other owner. However, using land for grazing or pasturage of any kind must be considered a usage of the land, and the land may not be considered as lying idle under the provisions of this section.   (2) Except as provided by prescription, custom, or agreement between coterminous owners, each coterminous owner shall maintain all fencing to the right of the midpoint of the common boundary line as viewed from the owner's land. If the land of one owner is entirely surrounded by the land of another, each owner shall maintain all fencing to the right, as viewed from the owner's land, of the northeastern corner of the surrounded land or, if there is more than one northeastern corner, then from the northernmost northeastern corner to a point midway around the surrounded land. If there is a substantial difference in terrain or topographical features of the land between the coterminous owners, responsibility for maintaining the fence must be determined by mutual agreement with consideration given to factors such as cost and time.   History: En. Sec. 1301, Civ. C. 1895; re-en. Sec. 4535, Rev. C. 1907; amd. Sec. 1, Ch. 132, L. 1917; re-en. Sec. 6777, R.C.M. 1921; Cal. Civ. C. Sec. 841; Based on Field Civ. C. Sec. 273; re-en. Sec. 6777, R.C.M. 1935; R.C.M. 1947, 67-802; amd. Sec. 1, Ch. 402, L. 1989; amd. Sec. 2122, Ch. 56, L. 2009.
MT Code § 70-16-206 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 2. Adjoining Landowners and Boundaries -- Fences|70-16-206. Partition fences required -- adjoining lands previously enclosed

  70-16-206. Partition fences required -- adjoining lands previously enclosed. The occupants of adjoining lands enclosed with fences must build and maintain partition fences between their own and the next adjoining enclosure in equal shares so long as both continue to enclose the same, and such partition fence must be kept in good repair throughout the year unless the occupants otherwise mutually agree.   History: En. Sec. 1114, 5th Div. Comp. Stat. 1887; amd. Sec. 3253, Pol. C. 1895; re-en. Sec. 2085, Rev. C. 1907; re-en. Sec. 6778, R.C.M. 1921; re-en. Sec. 6778, R.C.M. 1935; R.C.M. 1947, 67-803.
MT Code § 70-16-207 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 2. Adjoining Landowners and Boundaries -- Fences|70-16-207. Occupant of land adjoining enclosure of another -- when required to share expense of partition fence

  70-16-207. Occupant of land adjoining enclosure of another -- when required to share expense of partition fence. If any occupant of land adjoining the enclosure of another encloses the land, upon the enclosure of the other person, the occupant shall within 3 months build the occupant's proportion of the partition fence or refund to the owner of the fence an equal proportion of the value, at that time, of any partition fence of the adjoining occupant.   History: En. Sec. 1115, 5th Div. Comp. Stat. 1887; re-en. Sec. 3254, Pol. C. 1895; re-en. Sec. 2086, Rev. C. 1907; re-en. Sec. 6779, R.C.M. 1921; re-en. Sec. 6779, R.C.M. 1935; R.C.M. 1947, 67-804; amd. Sec. 2123, Ch. 56, L. 2009.
MT Code § 70-16-208 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 2. Adjoining Landowners and Boundaries -- Fences|70-16-208. Partition fence when common occupancy ceases

  70-16-208. Partition fence when common occupancy ceases. Whenever any lands belonging to different persons in severalty have been enclosed and occupied in common or without a partition fence between them and one of the occupants desires to occupy that occupant's part in severalty, the other occupant shall, within 6 months after being notified in writing, build and maintain the other occupant's proportion of the partition fence as may be necessary for that purpose, and in case of neglect or refusal so to do, the person giving the notice may build the fence at the expense of the person neglecting or refusing. The amount expended may be recovered in an action, together with all damages that person may sustain on account of the neglect or refusal.   History: En. Sec. 1116, 5th Div. Comp. Stat. 1887; re-en. Sec. 3255, Pol. C. 1895; re-en. Sec. 2087, Rev. C. 1907; re-en. Sec. 6780, R.C.M. 1921; re-en. Sec. 6780, R.C.M. 1935; R.C.M. 1947, 67-805; amd. Sec. 2124, Ch. 56, L. 2009.
MT Code § 70-16-209 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 2. Adjoining Landowners and Boundaries -- Fences|70-16-209. Repair or rebuilding of partition fences

  70-16-209. Repair or rebuilding of partition fences. If a person neglects or refuses to repair or rebuild any partition fence that by law the person ought to build or maintain, the occupant of the adjoining land may, after giving 60 days' notice that a new fence should be erected or 5 days' notice in writing that the repairing of the fence is necessary, build or repair the fence at the expense of the party neglecting or refusing. The amount expended may be recovered from the neglecting or refusing party after receipt of the notice, and the neglecting or refusing party is liable to the party injured for all damages sustained by the neglect or refusal.   History: En. Sec. 1118, 5th Div. Comp. Stat. 1887; re-en. Sec. 3257, Pol. C. 1895; re-en. Sec. 2089, Rev. C. 1907; re-en. Sec. 6782, R.C.M. 1921; re-en. Sec. 6782, R.C.M. 1935; R.C.M. 1947, 67-807; amd. Sec. 2125, Ch. 56, L. 2009.
MT Code § 70-16-210 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 2. Adjoining Landowners and Boundaries -- Fences|70-16-210. Removal of partition fence

  70-16-210. Removal of partition fence. If the occupants of adjoining lands build their respective portions of a partition fence and either of them at any time desires to let the land occupied by that person lie open, that person may, after having given to the occupants of the adjoining land at least 6 months' notice of the intention so to do, remove that person's proportion of the partition fence unless the adjoining occupant pays or tenders to that person the value of the fence. If the fence is removed without notice or after payment or tender of the value, the person removing the fence is liable to the person injured for all damages the injured person may sustain.   History: En. Sec. 1117, 5th Div. Comp. Stat. 1887; re-en. Sec. 3256, Pol. C. 1895; re-en. Sec. 2088, Rev. C. 1907; re-en. Sec. 6781, R.C.M. 1921; re-en. Sec. 6781, R.C.M. 1935; R.C.M. 1947, 67-806; amd. Sec. 2126, Ch. 56, L. 2009.
MT Code § 70-16-301 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 3. Gratuitous Permittee for Recreation|70-16-301. Recreational purposes defined

  70-16-301. Recreational purposes defined. "Recreational purposes", as used in this part, includes hunting, fishing, swimming, boating, waterskiing, camping, picnicking, pleasure driving, biking, winter sports, hiking, touring or viewing cultural and historical sites and monuments, spelunking, or other pleasure expeditions. The term includes the private, noncommercial flying of aircraft in relation to private land.   History: En. Sec. 2, Ch. 138, L. 1965; R.C.M. 1947, 67-809; amd. Sec. 1, Ch. 531, L. 1987; amd. Sec. 8, Ch. 264, L. 1993; amd. Sec. 1, Ch. 303, L. 1995; amd. Sec. 1, Ch. 353, L. 2007.
MT Code § 70-16-401 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 4. Right of Reentry|70-16-401. Reentry -- when and how to be made

  70-16-401. Reentry -- when and how to be made. Whenever the right of reentry is given to the grantor or lessor in any grant or lease or otherwise, such reentry may be made at any time after the right has accrued, upon 3 days' notice, as provided in chapter 27.   History: En. Sec. 1242, Civ. C. 1895; re-en. Sec. 4504, Rev. C. 1907; re-en. Sec. 6746, R.C.M. 1921; Cal. Civ. C. Sec. 791; Based on Field Civ. C. Sec. 243; re-en. Sec. 6746, R.C.M. 1935; R.C.M. 1947, 67-525.
MT Code § 70-16-402 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 4. Right of Reentry|70-16-402. Action for possession under right of reentry -- notice not required

  70-16-402. Action for possession under right of reentry -- notice not required. An action for the possession of real property leased or granted with a right of reentry may be maintained at any time in the district court, after the right to reenter has accrued, without the notice prescribed in 70-16-401.   History: En. Sec. 1244, Civ. C. 1895; re-en. Sec. 4506, Rev. C. 1907; re-en. Sec. 6748, R.C.M. 1921; Cal. Civ. C. Sec. 793; Field Civ. C. Sec. 244; re-en. Sec. 6748, R.C.M. 1935; R.C.M. 1947, 67-527.
MT Code § 70-16-701 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 7. Montana Mold Disclosure Act|70-16-701. Short title

  70-16-701. Short title. This part may be cited as the "Montana Mold Disclosure Act".   History: En. Sec. 1, Ch. 584, L. 2003.
MT Code § 70-16-702 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 16. Rights and Obligations Incidental to Ownership in Real Property|Part 7. Montana Mold Disclosure Act|70-16-702. Definitions

  70-16-702. Definitions. As used in this part, the following definitions apply:   (1) "Inhabitable real property" means any real property that includes a building affixed to land. The building must be designed to be primarily occupied by humans, either as a dwelling or as a place of business.   (2) "Mold" means any mold, fungus, mildew, or spores.   (3) "Person" means an individual, partnership, corporation, sole proprietorship, firm, enterprise, franchise, association, consultant, state or municipal agency, political subdivision of the state, or any other entity.   History: En. Sec. 2, Ch. 584, L. 2003.
MT Code § 70-17-101 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 1. Servitudes -- Easements|70-17-101. Servitudes attached to land

  70-17-101. Servitudes attached to land. The following land burdens or servitudes upon land may be attached to other land as incidents or appurtenances and are then called easements:   (1) the right of pasture;   (2) the right of fishing;   (3) the right of taking game;   (4) the right-of-way;   (5) the right of taking water, wood, minerals, and other things;   (6) the right of transacting business upon land;   (7) the right of conducting lawful sports upon land;   (8) the right of receiving air, light, or heat from or over or discharging the same upon or over land;   (9) the right of receiving water from or discharging the same upon land;   (10) the right of flooding land;   (11) the right of having water flow without diminution or disturbance of any kind;   (12) the right of using a wall as a party wall;   (13) the right of receiving more than natural support from adjacent land or things affixed thereto;   (14) the right of having the whole of a division fence maintained by a coterminous owner;   (15) the right of having public conveyances stopped or of stopping the same on land;   (16) the right of a seat in church;   (17) the right of burial;   (18) the right of conserving open space to preserve park, recreational, historic, aesthetic, cultural, and natural values on or related to land;   (19) the right of receiving sunlight or wind for recognized nonfossil forms of energy generation; and   (20) the right of using land adjacent to a firearms shooting range as a range safety zone.   History: En. Sec. 1250, Civ. C. 1895; re-en. Sec. 4507, Rev. C. 1907; re-en. Sec. 6749, R.C.M. 1921; Cal. Civ. C. Sec. 801; Field Civ. C. Sec. 245; re-en. Sec. 6749, R.C.M. 1935; amd. Sec. 16, Ch. 489, L. 1975; R.C.M. 1947, 67-601; amd. Sec. 1, Ch. 209, L. 1983; amd. Sec. 1, Ch. 111, L. 1993.
MT Code § 70-17-102 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 1. Servitudes -- Easements|70-17-102. Servitudes not attached to land

  70-17-102. Servitudes not attached to land. The following land burdens or servitudes upon land may be granted and held though not attached to land:   (1) the right of pasture and of fishing and taking game;   (2) the right of a seat in church;   (3) the right of burial;   (4) the right of taking rents and tolls;   (5) the right-of-way;   (6) the right of taking water, wood, minerals, or other things;   (7) the right of conserving open space to preserve park, recreational, historic, aesthetic, cultural, and natural values on or related to land.   History: En. Sec. 1251, Civ. C. 1895; re-en. Sec. 4508, Rev. C. 1907; re-en. Sec. 6750, R.C.M. 1921; Cal. Civ. C. Sec. 802; Based on Field Civ. C. Sec. 246; re-en. Sec. 6750, R.C.M. 1935; amd. Sec. 17, Ch. 489, L. 1975; R.C.M. 1947, 67-602.
MT Code § 70-17-103 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 1. Servitudes -- Easements|70-17-103. Dominant and servient tenement

  70-17-103. Dominant and servient tenement. The land to which an easement is attached is called the dominant tenement. The land upon which a burden or servitude is held is called the servient tenement.   History: En. Sec. 1252, Civ. C. 1895; re-en. Sec. 4509, Rev. C. 1907; re-en. Sec. 6751, R.C.M. 1921; Cal. Civ. C. Sec. 803; Field Civ. C. Sec. 247; re-en. Sec. 6751, R.C.M. 1935; R.C.M. 1947, 67-603.
MT Code § 70-17-104 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 1. Servitudes -- Easements|70-17-104. Who may grant servitude

  70-17-104. Who may grant servitude. A servitude can be created only by one who has a vested estate in the servient tenement.   History: En. Sec. 1253, Civ. C. 1895; re-en. Sec. 4510, Rev. C. 1907; re-en. Sec. 6752, R.C.M. 1921; Cal. Civ. C. Sec. 804; Field Civ. C. Sec. 248; re-en. Sec. 6752, R.C.M. 1935; R.C.M. 1947, 67-604.
MT Code § 70-17-105 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 1. Servitudes -- Easements|70-17-105. Who may not hold servitude

  70-17-105. Who may not hold servitude. A servitude thereon cannot be held by the owner of the servient tenement.   History: En. Sec. 1254, Civ. C. 1895; re-en. Sec. 4511, Rev. C. 1907; re-en. Sec. 6753, R.C.M. 1921; Cal. Civ. C. Sec. 805; Field Civ. C. Sec. 249; re-en. Sec. 6753, R.C.M. 1935; R.C.M. 1947, 67-605.
MT Code § 70-17-106 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 1. Servitudes -- Easements|70-17-106. Extent of servitude

  70-17-106. Extent of servitude. (1) Except as otherwise provided in 23-2-312, 23-2-322, and this section,the extent of a servitude is determined by the terms of the grant or the nature of the enjoyment by which it was acquired.  (2) A servitude granted, either by the terms of the grant or by the nature of the enjoyment, to a local, state, or federal government body for administrative purposes does not create a right to use the servitude for any other purpose unless specifically provided for in writing in the grant.   (3) The holder of a written servitude may not use the servitude to grant additional rights and privileges to a successor or assignee unless the successor or assignee is specifically provided for in writing in the grant.   History: En. Sec. 1255, Civ. C. 1895; re-en. Sec. 4512, Rev. C. 1907; re-en. Sec. 6754, R.C.M. 1921; Cal. Civ. C. Sec. 806; Field Civ. C. Sec. 250; re-en. Sec. 6754, R.C.M. 1935; R.C.M. 1947, 67-606; amd. Sec. 2, Ch. 453, L. 2021.
MT Code § 70-17-107 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 1. Servitudes -- Easements|70-17-107. Apportionment of burden upon partition of dominant tenement

  70-17-107. Apportionment of burden upon partition of dominant tenement. In case of partition of the dominant tenement, the burden must be apportioned according to the division of the dominant tenement but not in such a way as to increase the burden upon the servient tenement.   History: En. Sec. 1256, Civ. C. 1895; re-en. Sec. 4513, Rev. C. 1907; re-en. Sec. 6755, R.C.M. 1921; Cal. Civ. C. Sec. 807; Field Civ. C. Sec. 251; re-en. Sec. 6755, R.C.M. 1935; R.C.M. 1947, 67-607.
MT Code § 70-17-108 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 1. Servitudes -- Easements|70-17-108. Rights of owner of future estate in dominant tenement

  70-17-108. Rights of owner of future estate in dominant tenement. The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easements although such tenement is occupied by a tenant.   History: En. Sec. 1257, Civ. C. 1895; re-en. Sec. 4514, Rev. C. 1907; re-en. Sec. 6756, R.C.M. 1921; Cal. Civ. C. Sec. 808; Field Civ. C. Sec. 252; re-en. Sec. 6756, R.C.M. 1935; R.C.M. 1947, 67-608.
MT Code § 70-17-109 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 1. Servitudes -- Easements|70-17-109. Who may bring action to enforce easement

  70-17-109. Who may bring action to enforce easement. The owner of any estate in a dominant tenement or the occupant of such tenement may maintain an action for the enforcement of an easement attached thereto.   History: En. Sec. 1258, Civ. C. 1895; re-en. Sec. 4515, Rev. C. 1907; re-en. Sec. 6757, R.C.M. 1921; Cal. Civ. C. Sec. 809; Field Civ. C. Sec. 253; re-en. Sec. 6757, R.C.M. 1935; Sec. 67-609, R.C.M. 1947; redes. 62-617 by Sec. 15, Ch. 489, L. 1975; R.C.M. 1947, 62-617.
MT Code § 70-17-110 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 1. Servitudes -- Easements|70-17-110. Action by owner of servient tenement for possession

  70-17-110. Action by owner of servient tenement for possession. The owner in fee of a servient tenement may maintain an action for the possession of the land against any one unlawfully possessed thereof though a servitude exists thereon in favor of the public.   History: En. Sec. 1259, Civ. C. 1895; re-en. Sec. 4516, Rev. C. 1907; re-en. Sec. 6758, R.C.M. 1921; Cal. Civ. C. Sec. 810; Field Civ. C. Sec. 254; re-en. Sec. 6758, R.C.M. 1935; R.C.M. 1947, 67-610.
MT Code § 70-17-111 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 1. Servitudes -- Easements|70-17-111. How servitude extinguished

  70-17-111. How servitude extinguished. (1) Except as provided in subsection (2), a servitude is extinguished:   (a) by the vesting of the right to the servitude and the right to the servient tenement in the same person;   (b) by the destruction of the servient tenement;   (c) by the performance of any act upon either tenement by the owner of the servitude or with the owner's assent that is incompatible with its nature or exercise; or   (d) when the servitude was acquired by enjoyment, by disuse of the servitude by the owner of the servitude for the period prescribed for acquiring title by enjoyment.   (2) A conservation easement may not be extinguished by taking fee title to the land to which the conservation easement is attached.   History: En. Sec. 1260, Civ. C. 1895; re-en. Sec. 4517, Rev. C. 1907; re-en. Sec. 6759, R.C.M. 1921; Cal. Civ. C. Sec. 811; Field Civ. C. Sec. 255; re-en. Sec. 6759, R.C.M. 1935; R.C.M. 1947, 67-611; amd. Sec. 1, Ch. 352, L. 2007.