A right of way on the ground of others is not achieved by the use or habit, but by a written contract or acknowledgment signed by the owner, as was recalled by the Court of Cassation.
According to the judges, "discontinuous servitudes (...) Can only be established by title ", not use. A right of way can not be considered an easement "continue" since it only exists if the recipient uses.
The judges then explained that the certificates of neighbors, tending to prove that the right of way had always existed, had no value.
However, the Supreme Court said in February that if an easement was "non-apparent", ie without visible installation, it was never definitively acquired and could always be challenged. |
