Thanks for your question.
It is possible for an easement to be abandoned where it has not been used for a significant length of time.
However, the fact that the easement has not been used for a very long time is not in itself sufficient to evidence abandonment. Cessation of use must be coupled with the necessary intention.
Non-use has to be looked at in the context of all circumstances and if Non-use can be explained by some factor, including that the easement was not needed, then there will be no inference of abandonment.
Caseload suggests that courts are reluctant to find an easement has been abandoned. This is because property owners do not normally want to divest themselves of property rights even if they have no present need for the easement in question.
Of course each case turns on its facts.
What I am trying to say is that it is not that easy to say that non use results in abandonment. The courts may decide otherwise.
I hope that my reply is of benefit.
Do you have any queries in respect of my answer?
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