Extinction of Praedial Servitudes
A servitude could be extinguished by the agreement of the parties.[1522] This conÂsent could be implied, as where the dominant owner consented to the building of something on the route of a servitude right of access.[1523] If the same person became owner of both properties, the servitude was extinguished by confusio.[1524] The servitude did not revive if the properties were separated again, and had to be expressly reconstituted if it was required.[1525]
A servitude could be lost by non-use.
In classical law, the period for this was two years,[1526] the same as the period for acquisition of ownership of land by usucapio.[1527] Paul explains that the reason for this is that the lex Scribonia, discussed above, abolÂished only the acquisition of servitude by usucapio, not the acquisition of freedom in that way.[1528] [1529] By possessing for two years without being subjected to the servitude, the servient owner acquired unfettered ownership by the operation of usucapio. Justinian applied the same periods as for longi temporispraescriptio,m namely ten years if the parÂties were resident in the same province, twenty years otherwise.[1530]F.
Source:
Anderson Craig. Roman Law for Scots Law Students. Edinburgh University Press,2021. — 496 p.. 2021
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