Non-compliance with conditions

Application pratique:

This case law confirms the easement cannot be extinguished simply because the landlord failed to comply with its original conditions. The landlord should immediately restore proper use to avoid a court order and potential damages. However, he can negotiate with the neighbour for an expanded easement or seek a formal modification if needed, safe in the knowledge that the core right remains.

Application pratique:

The decision makes clear that failing to maintain the drainage pipe does not extinguish the easement. The buyers can assert their right to enter and carry out repairs, as the easement remains legally valid. They should document the previous owner's neglect, notify the neighbour in writing, and, if refused, seek a court declaration to protect their property and avoid future disputes.

Application pratique:

The case law confirms that misuse or non-compliance with the easement’s conditions does not lead to extinction. The co-owners must instead apply to a court to enforce the original rules and require the door to be altered. They should gather evidence of the obstruction and attempt mediation first, as the easement itself remains intact and can be enforced rather than abandoned.