What is EXTINGUISHMENT?

The destruction or cancellation of a right, power, contract, orestate. The annihilation of a collateral thing or subject in the subject itself out of whichIt is derived. Prest. Merg. 9. For the distinction between an extinguishment and passinga right, see 2 Shars. Bl. Comm. 325, note.”Extinguishment” is sometimes confounded vpith “merger,” though there is a cleardistinction between them. “Merger” is only a mode of extinguishment, and applies toestates only under particular circumstances; but “extinguishment” is a term of generalapplication to rights, as well as estates. 2 Crabb, Real Prop, p. 367,

More On This Topic



Link to This Definition
Did you find this definition of EXTINGUISHMENT helpful? You can share it by copying the code below and adding it to your blog or web page.
Written and fact checked by The Law Dictionary