Termination of Easement for Ceased Need Rejected

A property owner, having granted a right of way across their land for the benefit of an adjacent property, sought to terminate this easement, arguing that the dominant estate's need for the right of way had ceased due to the construction of a public road providing adequate alternative access. The court rejected the owner's claim, reasoning that a right of way established by title or contract is a real servitude that persists independently of the owner's present needs, and can only be extinguished by specific legal means such as express waiver, merger of ownership, non-use over the statutory period, or judicial cancellation based on a finding that the servitude has become absolutely and permanently impossible to use.