Revocation of Right of Way Denied Due to Minor Delay in Maintenance

A property owner, having granted a right of way to a neighbor across their land for the construction and maintenance of a power line, sued to revoke the authorization after the line was installed, arguing the servitude was not properly executed within the agreed timeframe and that the continued presence of the line constituted an undue burden. The court rejected the appeal, reasoning that the mere delay in fully completing the infrastructure maintenance did not automatically extinguish the established right of way, as the right itself had been validly constituted for the stated purpose and the continued physical presence of the installed structure demonstrated the continued, albeit potentially imperfect, exercise of that right.