Extinction of Servitude by Non-Use and Abandonment

A person, having sold a property with a servitude burdening the land, sought to have the servitude extinguished because the servitude holder had not used it for over thirty years, arguing that this non-use constituted extinction by prescription. The court rejected the appeal, holding that the mere non-use of a right of passage for the prescriptive period is insufficient to extinguish the servitude if the dominant estate owner has not performed any act indicating an intention to abandon the right, as the inaction alone does not necessarily manifest the required definitive renunciation of the right established by title.