Easement by Destination of Parent: Extinguishment Through Use

A property owner sought to enforce an easement for passage over a neighbor's land, which had been established by a previous destination of the parent, but the neighbor contested its existence, asserting that the apparent servitude had ceased upon the division of the property, as the common owner had subsequently used the path in a manner inconsistent with its original purpose. The court quashed the lower court's decision, reasoning that for a servitude established by destination of the parent to be extinguished upon property division, the owner's use must clearly and unequivocally demonstrate an intention to renounce the right, and a mere temporary or ambiguous use that does not fundamentally alter the conditions of enjoyment is insufficient to abolish the established legal servitude.