Servitude of Passage Validity and Extinction by Non-Use Dispute

A property owner, having granted a right of servitude for an access road across their land, contested the validity of the servitude, arguing it was improperly established because the benefitting estate had another adequate access route, and further claimed prescription liberandi due to non-use. The court rejected the appeal, affirming that a servitude of passage, once validly constituted, cannot be extinguished by the mere possibility of the dominant estate owner acquiring an alternative, more convenient access, nor is the servitude lost through non-use when the obstruction to use was caused by the servient estate owner, as prescription requires the right to have been entirely unusable for the statutory period.