JURITEXT000006956522 Généré par l'IA

Servitude Extinguishment by Prescription Defense

Numéro de cause JURITEXT000006956522

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-17

Issue du litige Admis (Allowed)

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Synthèse Legislator

Généré par l'IA

An individual, having purchased a property subject to a right of way, sought to have the right extinguished by prescription, arguing that the path had not been used by the dominant estate holder for over thirty years, but the court of appeal upheld the continuation of the servitude, finding that the lack of use was not absolute as evidenced by maintenance work performed on the path by the servient estate owner, which demonstrated an intention to preserve the right, thus preventing the finding of thirty years of uninterrupted non-use required for extinguishment by prescription.

Regeste Legislator

Généré par l'IA

Servitude Extinguishment by Prescription Defense: An individual, having purchased a property subject to a right of way, sought to have the right extinguished by prescription, arguing that the path had not been used by the dominant estate holder for over thirty years, but the court of appeal upheld the continuation of the servitude, finding that the lack of use was not absolute as evidenced by maintenance work performed on the path by the servient estate owner, which demonstrated an intention to preserve the right, thus preventing the finding of thirty years of uninterrupted non-use required for extinguishment by prescription.