Servitude of View Extinguished by Non-Use and Abandonment

A property owner sought to enjoin a neighboring construction project, claiming it infringed upon their ancient servitude of view, which required maintaining a minimum distance between the construction and the property line; the lower court dismissed the claim, finding the servitude had been lost through non-use for over the requisite prescriptive period, despite the owner's argument that the servitude was continuous and imprescriptible. The high court overturned this decision, holding that servitudes of view, being apparent but not continuous, are extinguished by non-use only if there is an external, visible sign manifesting the intent to abandon the right, and mere inaction, without any corresponding act demonstrating abandonment, is insufficient to terminate the servitude.