Non-User

is the neglect to make use of a thing. A right which may be acquired by use, may be lost by non-user, and an absolute discontinuance of the use for twenty years affords presumption of the extinguishment of the right, in favour of some other adverse right. As an enjoyment for twenty years is necessary to found the presumption of a grant of an easement, the general rule is, there must be a similar non-user to raise the presumption of a release. But in this case the owner of the servient premises must have done some act inconsistent with, or adverse to the existence of the right.

See 2 Evans’s Pothier, 136; 10 Mass. R. 183; 3 Campb. R. 514; 3 Kent, Com. 359; 1 Chit. Pr. 284, 285, 757 to 759, n. (8); 1 Ves. jr. 6,8; 2 Supp. to Ves. jr. 442..

In the civil law there is a similar doctrine: on this subject, vide Dig. &, 6, 5; Voet, Com. ad Pand. lib.

8, tit. 6,s. 5et 7; 3 Toull. n. 673; Merl. Répert. mot Servitude, § 30, n. 6, and § 33; Civ. Code of Louis. art.

815, 816.—Every public officer is required to use his office for the public good; a non-user of a public office is therefore a sufficient cause