Property II


Mere nonuse of an easement is not enough to constitute abandonment.

Abandonment of a restrictive servitude occurs when "violations are so great as to lead the mind of the average [person] to reasonably conclude that the restriction in question has been abandoned."

  • In applying this test, courts consider the "'number, nature, and severity of the then existing violation[s], any prior acts of enforcement of the restriction, and whether it is still possible to realize to a substantial degree the benefits intended through the covenant.'"
  • Fink.