Section 4: How easements are extinguished

Easements cease when things are in such a state that they can no longer be used.

They revive if things are restored in such a way that they can be used; unless a sufficient period of time has already elapsed to make it presumed that the easement has been extinguished, as stated in Article 707.

Any easement is extinguished when the land to which it is owed, and the one who owes it, are united in the same hand.

The easement is extinguished by non-use for thirty years.

The thirty years begin to run, according to the various types of easement, either from the day when enjoyment ceases, in the case of discontinuous easements, or from the day when an act contrary to the easement is done, in the case of continuous easements.

The mode of the easement may be prescribed like the easement itself, and in the same manner.

If the inheritance in favour of which the easement is established belongs to several par undivided, the enjoyment of one prevents prescription in respect of all.

If, among the co-owners, there is one against whom prescription could not run, such as a minor, he shall have retained the right of all the others.