Servitude of Passage: Burden Increase Insufficient for Extinguishment

A litigant sought to have a prior judgment, which had recognized the existence of a servitude of passage over the litigant's land, annulled on the grounds that the conditions under which the servitude was established had subsequently changed, arguing that the increased use of the passage made the servitude excessively burdensome and unusable for the owner. The court rejected this appeal, reasoning that the mere intensification or change in the mode of use of an established servitude, even if it leads to increased burden, does not automatically extinguish the right, as the servitude only ceases if the change renders the right absolutely necessary or substantially alters the original purpose recognized by the prior title.